Moylan v City of South Perth

In the Supreme Court of Western Australia, David Leith Moylan sought to set aside an order for summary judgment obtained by the City of South Perth in his absence. The City applied for leave to seek orders against Mr Moylan pursuant to the Vexatious Proceedings Restriction Act 2002 (WA). The court had to determine whether Mr Moylan's application to set aside the summary judgment order should be dismissed and whether the City's application for leave to seek orders against Mr Moylan should be granted. The court found that Mr Moylan's explanation for his failure to attend the hearing was unreasonable and that even if he had appeared, the result would have been the same. The court also found that Mr Moylan's claim was without merit and had been pursued without reasonable ground, but it was not fair to categorise him as a vexatious litigant. Therefore, Mr Moylan's application to set aside the summary judgment order was dismissed, and the City's application for leave to seek orders against Mr Moylan was dismissed.