Collier v Attorney General (NSW)

The appeal concerned an application by the applicant, Ms Collier, against the Attorney-General (NSW), challenging an order made under the *Vexatious Proceedings Act 2008* (NSW). The primary dispute revolved around whether the applicant qualified as a vexatious litigant, leading to restrictions on her ability to commence further legal proceedings. The matter was heard by Ward P, Kirk JA, and Griffiths AJA in the Court of Appeal of New South Wales.

The Court of Appeal was required to determine several key legal issues. These included whether the provisions of the *Vexatious Proceedings Act 2008* (NSW), specifically sections 6(a), (c), and (d), were contingent on the subjective intent of the litigant. The Court also considered the applicability of sections 14 or 17 of the *Limitation Act 1969* to orders made under the *Vexatious Proceedings Act 2008* (NSW). Furthermore, the Court had to assess whether proceedings conducted in a rude and offensive manner could be characterised as vexatious, and whether an order requiring leave from the Supreme Court to institute proceedings, potentially with a time limit, was appropriate. The Court also considered whether any error had been established in the exercise of discretion by the lower court in making the vexatious proceedings order.

The Court of Appeal reasoned that the provisions of the *Vexatious Proceedings Act 2008* (NSW) do not depend on the subjective intent of the litigant, but rather on the objective nature of the proceedings. It was held that the *Limitation Act 1969* does not apply to vexatious proceeding orders. The Court affirmed that proceedings conducted in a rude and offensive manner can indeed be considered vexatious. The Court found no error in the discretionary making of the vexatious proceeding order by the lower court.

Ultimately, the Court of Appeal granted leave to appeal, ordered the applicant to file a notice of appeal within 14 days, but dismissed the appeal with costs.