Klewer v Attorney-General (NSW)

The applicant, Mr Klewer, sought leave to appeal against an order made by the Supreme Court of New South Wales under section 84(1) of the *Supreme Court Act 1970* declaring him a vexatious litigant and prohibiting him from instituting proceedings without leave. The Attorney-General (NSW) was the respondent. The appeal was heard by McColl and Campbell JJA, and Sackville AJA.

The primary legal issue before the Court of Appeal was whether leave was required under the *Vexatious Proceedings Act 2008* to institute the application for leave to appeal against the vexatious litigant order. A secondary issue was whether leave to appeal itself should be granted.

The Court determined that the *Vexatious Proceedings Act 2008* applied to applications for leave to appeal against orders made under section 84(1) of the *Supreme Court Act 1970*. Consequently, the applicant required leave under the *Vexatious Proceedings Act 2008* to bring his application for leave to appeal. The Court found that the applicant had not demonstrated sufficient grounds to warrant granting leave to appeal, and therefore dismissed the application.

The Court of Appeal granted the applicant an extension of time to file his application for leave to appeal, but ultimately dismissed the application for leave to appeal and ordered the applicant to pay the respondent's costs.