De Varda v Austin

In *De Varda v Austin*, the applicants sought leave to appeal a Vexatious Proceedings Order made by the Supreme Court of New South Wales, which had declared that the balance of their proceedings be dismissed pursuant to section 13 of the *Vexatious Proceedings Act 2008* (NSW). The applicants also sought an order referring their matter for pro bono assistance. The proceedings involved multiple respondents.

The Court of Appeal was required to determine whether to grant leave to appeal the Vexatious Proceedings Order and whether to make an order referring the applicants for pro bono assistance. The Court also had to consider the appropriate orders regarding the costs of the various applications before it.

Beazley P considered the application for leave to appeal in light of the Vexatious Proceedings Act. The Court determined that the summons seeking leave to appeal, in so far as it sought leave to appeal the dismissal of the 2018 proceedings, should be dismissed pursuant to section 13(3) of the Act. The Court also dismissed the applicants' notice of motion filed on 9 October 2018.

The Court ordered that the applicants pay the first respondent's costs of the notice of motion filed on 9 October 2018. There were no orders as to the costs of the second, third, and fourth respondents on that notice of motion. Finally, the applicants were ordered to pay the second, third, and fourth respondents' costs of the notice of motion filed on 2 October 2018.