BENNETT & BENNETT

The case of *Bennett & Bennett* concerned a dispute between the applicant, Bennett & Bennett, and the respondent, Bennett & Bennett. The applicant sought to have the respondent declared a vexatious litigant. The matter came before Stevenson J of the Supreme Court of New South Wales.

The primary legal issue before the court was whether the respondent's conduct in commencing and pursuing litigation constituted a pattern of behaviour that warranted the making of an order declaring them a vexatious litigant under the *Vexatious Proceedings Act 2008* (NSW). This involved assessing whether the respondent had persistently instituted or conducted vexatious proceedings, or whether their actions had been without reasonable grounds.

Stevenson J considered the respondent's history of litigation, noting a pattern of initiating proceedings that were ultimately unsuccessful and often lacked a reasonable basis. The court applied the principles established in cases concerning vexatious litigants, focusing on the need to balance the right of access to the courts with the protection of other litigants and the administration of justice from abuse. The judge found that the respondent's actions demonstrated a persistent disregard for the court's processes and a tendency to pursue unmeritorious claims, thereby justifying the imposition of restrictions.

Consequently, Stevenson J made orders declaring the respondent a vexatious litigant and imposing conditions on their ability to commence or continue legal proceedings without the leave of the court.