Potier v State of New South Wales

The applicant, Potier, sought to appeal an order made against him under the *Vexatious Proceedings Act 2008* (NSW). The State of New South Wales was the respondent. The proceedings were before the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the *Vexatious Proceedings Act 2008* applied to appellate proceedings commenced by a person subject to an order under that Act, whether the Act was waived by reason of the matter having been heard at first instance, and whether the Act applied to an application for a writ of habeas corpus.

Leeming JA determined that the *Vexatious Proceedings Act 2008* applied to appellate proceedings. His Honour reasoned that the Act's purpose was to prevent vexatious litigants from continuing to bring proceedings, and this purpose would be undermined if the Act did not apply to appeals. The court found that the Act could not be waived by reason of the matter having been heard at first instance, as the Act imposed a statutory prohibition on the commencement of proceedings. Furthermore, the court held that the Act applied to an application for a writ of habeas corpus, as such an application constituted "proceedings" within the meaning of the Act.

The summons was dismissed.