Arjunan v Neighbourhood Association DP No 285853

In the Supreme Court of New South Wales, Bell CJ, Kirk JA, and Griffiths AJA considered whether to make a vexatious proceedings order against Mr Kannapiran Chinna Arjunan and Ms Thangam Kannapiran. The dispute involved the Neighbourhood Association DP No 285853 and its managing agent, O’Connors Strata & Property Specialists Pty Ltd, who sought to prevent further litigation by the respondents.

The central legal issue before the Court was whether the respondents had, with sufficient frequency, instituted vexatious proceedings within the meaning of section 8(1) of the *Vexatious Proceedings Act 2008* (NSW). This required the Court to assess whether the respondents had repeatedly litigated the same points across multiple proceedings in both the Common Law Division of the Supreme Court and the Court of Appeal.

The Court reasoned that the respondents had indeed reagitated the same issues on numerous occasions, demonstrating a pattern of vexatious litigation. Applying section 8(1) of the *Vexatious Proceedings Act 2008* (NSW), the Court found that the criteria for making a vexatious proceedings order were met. Consequently, the Court ordered that Mr Arjunan and Ms Kannapiran be prohibited from instituting further proceedings in the Supreme Court, including the Court of Appeal, against the Neighbourhood Association or its managing agent concerning the matters already litigated. The Court also dismissed a Notice of Motion filed by the respondents and ordered them to pay the Neighbourhood Association's costs.