Arjunan v Neighbourhood Association DP No 285853 (No 4)

In *Arjunan v Neighbourhood Association DP No 285853 (No 4)*, the applicants sought to set aside and vary previous orders made by the court. The respondents contended that the applicants' application raised no new issues and that the matters had been repeatedly determined against them. Consequently, the applicants were directed to show cause why the proceedings should not be summarily dismissed as vexatious and an abuse of process. The applicants also sought leave to issue a subpoena, which had previously been refused by the Deputy Registrar on the grounds that no active proceedings were on foot at the time of filing.

The court was required to determine two primary legal issues. Firstly, whether the applicants' notice of motion should be dismissed as vexatious and an abuse of process, given that it did not introduce new arguments and the issues had already been decided against them. Secondly, the court had to consider whether to grant leave to issue a subpoena, particularly in circumstances where the documents sought were intended to support contentions that had already been considered and rejected by the court.

Stern JA reasoned that the applicants' application to set aside and vary the orders was an abuse of process, as it merely re-litigated issues that had been consistently determined against them. The court applied the principles relating to vexatious litigation and abuse of process, noting that repeated attempts to raise decided issues without new material constitute such an abuse. Regarding the subpoena, the court found that granting leave would be inappropriate, as the documents sought were to support arguments that had already been rejected and there were no active proceedings to justify the issuance of such a process.

The court ordered that the applicants' notice of motion filed on 29 November 2023 be dismissed, and leave to issue a subpoena was refused.