Barkla v Close

The proceeding concerned an application by the respondent, Mr. Close, to have the appellant, Ms. Barkla, declared a vexatious litigant under the *Vexatious Proceedings Act 2008* (NSW). Mr. Close sought this declaration on the basis that Ms. Barkla had engaged in a pattern of litigation that was an abuse of process and that it was necessary to make an order to prevent her from commencing or continuing legal proceedings without leave.

The primary legal issue before the Court was whether Ms. Barkla's history of litigation demonstrated that she had *frequently* and *without reasonable grounds* instituted or conducted vexatious legal proceedings. The Court was required to consider the nature and volume of Ms. Barkla's previous legal actions, the outcomes of those actions, and whether her conduct amounted to an abuse of the court's process.

In reaching its decision, the Court analysed the extensive litigation history of Ms. Barkla, which involved numerous applications and appeals across various jurisdictions, many of which were dismissed. The Court found that Ms. Barkla had a persistent tendency to pursue claims that lacked reasonable prospects of success and that her actions were often characterised by repetitive arguments and a disregard for adverse findings. The Court applied the principles established in cases concerning vexatious litigants, focusing on whether the proceedings were instituted or conducted without reasonable grounds and whether they were an abuse of process, ultimately concluding that Ms. Barkla's conduct met the threshold for a vexatious litigant declaration.