Nobarani v Mariconte

The proceeding before Emmett AJA concerned an application to make vexatious proceedings orders. The dispute arose from deficiencies in the appellant's filed notices of appeal, and the court was asked to consider whether leave should be granted to file a third amended notice of appeal.

The primary legal issue before the court was whether the appellant should be granted leave to file a third amended notice of appeal, given the repeated deficiencies in previous notices. This also involved considering the respondent's application to strike out the existing notice of appeal and the broader question of whether the proceedings themselves should be characterised as vexatious.

Emmett AJA struck out the notice of appeal filed on 2 February 2016, ordering the appellant to pay the costs thrown away by two previous amendments to the notice of appeal and the costs of the motion to strike out. The court directed that any amended notice of appeal be filed no later than 4 April 2016. Furthermore, the proceedings were stayed, with exceptions for the filing of a second amended notice of appeal and for the assessment or taxation of costs. Leave was granted to the appellant to apply to vary the terms of the stay, and the respondent's notice of motion was otherwise dismissed.