Beverley Georgina Viavattene v Attorney General in and for the State of New South Wales

Beverley Georgina Viavattene sought leave to appeal against the dismissal of her application for judicial review of a decision by the Attorney General of New South Wales to declare her a vexatious litigant. The application for judicial review was dismissed on the basis that it was frivolous and vexatious. The Supreme Court of New South Wales, in the Equity Division, heard the application for leave to appeal. The central legal issue before the court was whether the applicant had demonstrated that the primary judge had erred in dismissing the application for judicial review as frivolous and vexatious.

The court considered the criteria for determining whether a litigant is vexatious, and the appropriate standard of review to apply in the context of a decision to declare someone a vexatious litigant. The court emphasised the importance of ensuring that the vexatious litigant provisions are applied fairly and justly, and that there is adequate procedural fairness to the litigant. The court concluded that the primary judge had correctly considered the relevant criteria and that the applicant had not demonstrated that the primary judge had erred in dismissing the application for judicial review as frivolous and vexatious. The court held that the application for leave to appeal was bound to fail.

Accordingly, the court refused the applicant leave to appeal. The court noted that the applicant had been given a number of opportunities to pursue her claims in a manner that was not vexatious, but had failed to do so. The court emphasised the importance of ensuring that the courts are not subjected to unnecessary and wasteful litigation, and that the vexatious litigant provisions are used appropriately and fairly.