Li Wang v State of NSW

Li Wang, the plaintiff, brought an action against the State of New South Wales, the defendant, in the Federal Circuit and Family Court of Australia. The plaintiff sought compensation for personal injuries sustained during an incident at a public swimming pool. The case was scheduled to be heard on 4 July 2022, but before that date, the plaintiff moved to agitate several issues that had already been determined in prior proceedings. The defendant opposed the motion, arguing that the plaintiff was abusing the judicial process by repeatedly seeking the same relief. The court was tasked with determining whether the plaintiff's motion should be allowed and if the defendant's concerns about an abuse of process were valid.

The primary legal issue before the court was whether the plaintiff's motion to agitate issues was an abuse of the court's process. The court considered whether the plaintiff had already raised and determined the same issues in previous applications, whether the plaintiff's repetitive applications were substantially identical, and whether the plaintiff's conduct demonstrated an abuse of the judicial process. The court also needed to decide whether to grant an order preventing further interlocutory proceedings before the substantive hearing on 4 July 2022.

The court found that the plaintiff had indeed raised and determined the same issues in previous applications, and the current motion was substantially identical to those previously considered. The court held that the plaintiff's conduct amounted to an abuse of the judicial process, given the significant number of repetitive applications seeking identical relief. Consequently, the court dismissed the plaintiff's motion to agitate issues and made an order preventing further interlocutory proceedings before the substantive hearing on 4 July 2022 was determined. This order was intended to prevent the plaintiff from further abusing the judicial process and to ensure that the court's time and resources were not wasted on repetitive and unnecessary applications.