Ljupco Slaveski v Attorney-General (Vic)

The applicant, Ljupco Slaveski, sought an extension of time and leave to appeal against an order that declared him to be a vexatious litigant. The case was heard in the Supreme Court of Victoria. The primary dispute centred around the procedural validity of Slaveski's application and whether he could successfully appeal the declaration despite being deemed a vexatious litigant. The court had to determine if the applicant could remedy the procedural defects in his application for an extension of time and leave to appeal, and whether the appointment of a litigation guardian could be extended to cover the appellate process.

The legal issues before the court included whether Slaveski's application for an extension of time and leave to appeal was properly made and if the procedural defects could be rectified through a summons. Another issue was whether the order appointing a litigation guardian, which was made under the Supreme Court (General Civil Procedure) Rules 2005 (Vic) r 15.03(3), could be extended to cover the appellate process. The court also needed to consider the implications of the litigation guardian's role and whether the guardian's authority lapsed beyond the trial phase.

The court found that Slaveski's summonses were defective because they did not reference the litigation guardian appointed to assist him. Given the state of the material before the court, it was not possible to appoint a litigation guardian for the appellate process. The court dismissed the summonses without considering the merits of the application. The applicant appeared unrepresented, and the litigation guardian did not appear or act on his behalf. The court concluded that the procedural defects were not remediable through the summons process and dismissed the application without further consideration.

No orders were made in favour of the applicant. The court dismissed the summonses seeking to remedy procedural defects and did not grant the extension of time or leave to appeal.