Macatangay v State of New South Wales

The applicant, Macatangay, sought to appeal against an order made by the State of New South Wales that declared him a vexatious litigant. The proceedings were heard by the Court of Appeal of New South Wales, comprising Bell CJ, Leeming and Stern JJA. The core of the dispute concerned whether the making of a vexatious proceedings order without a separate oral hearing contravened statutory provisions and whether the proceedings themselves were vexatious.

The Court of Appeal was required to determine two primary legal issues. Firstly, it had to consider whether the statutory framework governing vexatious litigant applications mandated a separate oral hearing before such an order could be made. Secondly, the Court had to assess whether the applicant's conduct and the nature of the proceedings met the threshold for being declared vexatious, particularly in light of a prior determination of the matter from which an appeal had been dismissed.

In its reasoning, the Court found that the statutory provisions did not require a separate oral hearing in the circumstances. It further determined that the applicant's attempt to relitigate issues that had already been finally determined, and from which an appeal had been dismissed, constituted vexatious conduct. The Court applied the principles relating to vexatious litigants, focusing on the repetitive and unmeritorious nature of the applicant's claims.

Consequently, the Court of Appeal dismissed the applicant's notice of motion filed on 18 July 2023 and ordered that the applicant pay the respondent's costs.