Klewer v Official Trustee in Bankruptcy

The applicant, Klewer, appealed to the New South Wales Court of Appeal against orders made by a judge of the Supreme Court of New South Wales. These orders, made on 18 December 2009, acceded to motions by the respondent, the Official Trustee in Bankruptcy, striking out Klewer's defence and cross-claim, and granting the Official Trustee summary judgment for possession of a property located at Korora, New South Wales.

The central legal issue before the Court of Appeal was whether Klewer required leave to appeal the primary judge's decision, given that Klewer was subject to an order deemed to be a vexatious proceedings order under the *Vexatious Proceedings Act 2008* (NSW). The appeal concerned the application of section 6(1) of that Act, which stipulates that a person against whom a vexatious proceedings order is in force must obtain leave from the court before commencing or continuing proceedings.

The Court of Appeal considered the nature of the primary judge's orders and the effect of the existing vexatious proceedings order against Klewer. Applying section 6(1) of the *Vexatious Proceedings Act 2008*, the Court determined that Klewer was indeed required to obtain leave to appeal. As Klewer had not obtained such leave, the Court concluded that it lacked jurisdiction to entertain the appeal.

Consequently, the Court of Appeal refused Klewer's application for leave to appeal.