Proietti v Proietti

Case [2024] NSWCA 48


Court of Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Proietti v Proietti [2024] NSWCA 48
Hearing dates: 22 February 2024
Date of orders: 08 March 2024
Decision date: 08 March 2024
Before: Bell CJ, Kirk JA, Stern JA
Decision:

Pursuant to s 8(7) of the Vexatious Proceedings Act 2008 (NSW), order that Mr Philip Proietti is prohibited from instituting proceedings in the Supreme Court of New South Wales including in the Court of Appeal against Mr Peter Proietti or the trustees for sale appointed by Kunc J in respect of the matters litigated in Proietti v Proietti [2022] NSWSC 875, the appeal therefrom (Proietti v Proietti [2022] NSWCA 234) and the following sets of proceedings: Proietti v Proietti [2022] NSWCA 268; Proietti v Proietti [2023] NSWCA 76; Proietti v Proietti [2023] NSWCA 132; Proietti v Proietti [2023] HCASL 15; Proietti v Proietti (No 3) [2023] NSWCA 199; Proietti v Proietti (No 4) [2023] NSWCA 251; and Proietti v Proietti (No 5) [2023] NSWCA 284.

Catchwords:

PRACTICE AND PROCEDURE — whether a vexatious proceedings order should be made — where litigant had reagitated the same points on multiple occasions after proceedings in the Court of Appeal and rejection of special leave application — whether sufficient frequency of institution of proceedings for the purposes of s 8(1) of the Vexatious Proceedings Act 2008 (NSW) — vexatious proceedings order made

Legislation Cited:

Civil Procedure Act 2005 (NSW) ss 56, 63

Conveyancing Act 1919 (NSW) s 66G

Vexatious Proceedings Act 2008 (NSW) ss 4, 6, 8, 13

Cases Cited:

Bromley v The King [2023] HCA 42; (2023) ALJR 84

Collier v Attorney General (NSW) [2023] NSWCA 273

Coulter v The Queen (1988) 164 CLR 350; [1988] HCA 3

Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33

Macatangay v New South Wales [2012] NSWCA 374

Mohareb v Kelso (No 2) [2018] NSWCA 246

Mohareb v Saratoga Marine Pty Ltd [2020] NSWCA 235

Potier v Attorney General in and for the State of New South Wales (2015) 89 NSWLR 284; [2015] NSWCA 129

Proietti v Proietti (No 3) [2023] NSWCA 199

Proietti v Proietti (No 4) [2023] NSWCA 251

Proietti v Proietti (No 5) [2023] NSWCA 284

Proietti v Proietti [2022] NSWCA 234

Proietti v Proietti [2022] NSWCA 268

Proietti v Proietti [2023] HCASL 15

Proietti v Proietti [2023] NSWCA 132

Proietti v Proietti [2023] NSWCA 76

Rahme v Kekatos Lawyers Pty Ltd [2024] NSWCA 31

Re ENA Development Pty Ltd (in liq) [2023] NSWSC 503

Re Golding [2020] HCA 38; (2020) 94 ALJR 1014

Roy Morgan Research Centre Pty Ltd v Commissioner of State Revenue (Vic) (2001) 207 CLR 72; [2001] HCA 49

Searle v Commonwealth of Australia (2019) 100 NSWLR 55; [2019] NSWCA 127

Teoh v Hunters Hill Council (No 4) (2011) 81 NSWLR 771; [2011] NSWCA 324

Teoh v Hunters Hill Council (No 8) [2014] NSWCA 125

Tomlinson v Ramsey Food…

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AGLC
Proietti v Proietti [2024] NSWCA 48
Case
[2024] NSWCA 48
Decision Date

CaseChat Overview and Summary

In *Proietti v Proietti*, the New South Wales Court of Appeal considered an application by the respondents for a vexatious proceedings order against Mr Philip Proietti. The dispute concerned Mr Proietti's repeated attempts to litigate matters that had already been determined by the Supreme Court and the Court of Appeal, and in respect of which an application for special leave to appeal to the High Court had been rejected.

The primary legal issue before the Court of Appeal was whether Mr Proietti's conduct met the threshold for making a vexatious proceedings order under section 8(1) of the *Vexatious Proceedings Act 2008* (NSW). This required the Court to determine if Mr Proietti had, with a certain frequency, instituted proceedings that were an abuse of process or were without reasonable grounds.

The Court reasoned that Mr Proietti had indeed reagitated the same points on multiple occasions, demonstrating a pattern of instituting proceedings that were without reasonable grounds and constituted an abuse of process. The Court noted the significant number of previous proceedings and applications that had been dismissed, highlighting the futility of further litigation on these matters. The Court applied the principles established in previous cases concerning vexatious litigants, emphasizing the need to balance the right of access to the courts with the protection of the public and the administration of justice from vexatious conduct.

Consequently, the Court of Appeal made an order pursuant to section 8(7) of the *Vexatious Proceedings Act 2008* (NSW), prohibiting Mr Philip Proietti from instituting any further proceedings in the Supreme Court of New South Wales, including in the Court of Appeal, against Mr Peter Proietti or the trustees for sale, concerning the matters that had been litigated in the numerous prior proceedings.

Orders

Orders of the court

Pursuant to s 8(7) of the Vexatious Proceedings Act 2008 (NSW), order that Mr Philip Proietti is prohibited from instituting proceedings in the Supreme Court of New South Wales including in the Court of Appeal against Mr Peter Proietti or the trustees for sale appointed by Kunc J in respect of the matters litigated in Proietti v Proietti [2022] NSWSC 875, the appeal therefrom (Proietti v Proietti [2022] NSWCA 234) and the following sets of proceedings: Proietti v Proietti [2022] NSWCA 268; Proietti v Proietti [2023] NSWCA 76; Proietti v Proietti [2023] NSWCA 132; Proietti v Proietti [2023] HCASL 15; Proietti v Proietti (No 3) [2023] NSWCA 199; Proietti v Proietti (No 4) [2023] NSWCA 251; and Proietti v Proietti (No 5) [2023] NSWCA 284.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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