Proietti v Proietti

The applicant, Mr. Proietti, sought to set aside a vexatious proceedings order made against him on 8 March 2024 by the Court of Appeal of New South Wales. The respondents were the Trustees. The application to set aside the order was based on grounds that substantially repeated submissions previously rejected by the Court.

The central legal issues before the Court were whether leave was required under sections 9(3) or 14 of the *Vexatious Proceedings Act 2008* (NSW) to bring the application to set aside the vexatious proceedings order, and the basis upon which the Court could exercise its jurisdiction to set aside such an order.

The Court held that the application to set aside the vexatious proceedings order required leave under section 9(3) of the *Vexatious Proceedings Act 2008* (NSW), as it was an application to vary or set aside an order made under the Act. The Court found that the applicant had not demonstrated any grounds for granting leave, noting that the application was a substantial repetition of previously rejected arguments. The Court reiterated that the jurisdiction to set aside a vexatious proceedings order is exercised sparingly and only in exceptional circumstances, which were not present in this case.

Consequently, the Court dismissed the application to set aside the vexatious proceedings order. The applicant was ordered to pay the Trustees' costs on an indemnity basis from his share of the net proceeds of sale of a specified property. Furthermore, the Trustees were excused from filing submissions or appearing at future hearings should the applicant file similar applications to set aside the 8 March 2024 orders, unless the Court otherwise directed.