Prothonotary of the Supreme Court of New South Wales v Yau Hang Chan (No 17)
[2015] NSWSC 1252
•28 August 2015
Supreme Court
New South Wales
Medium Neutral Citation: Prothonotary of the Supreme Court of New South Wales v Yau Hang Chan (No 17) [2015] NSWSC 1252 Hearing dates: 28 August 2015 Date of orders: 28 August 2015 Decision date: 28 August 2015 Jurisdiction: Common Law Before: Schmidt J Decision: Application to vacate hearing dates granted.
Catchwords: CONTEMPT OF COURT – alleged contempt before Local Court proceedings – vexatious litigant – application to vacate hearing dates – application granted Legislation Cited: Vexatious Proceedings Act 2008 (NSW) Category: Procedural and other rulings Parties: Prothonotary of the Supreme Court of New South Wales (Plaintiff)
Yau Hang Chan (Defendant)Representation: Counsel:
Solicitors:
Ms B Baker (Plaintiff)
IV Knight, Crown Solicitor’s Office (Plaintiff)
Mr Chan (self-represented)
File Number(s): 2012/350266 Publication restriction: None
EX TEMPORE Judgment
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HER HONOUR: The matter is in the list today in order for directions to be given for the resumed hearing which has been fixed for 7, 8 and 9 December 2015.
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Today Mr Chan opposes the directions which the Prothonotary has suggested made, and seeks to have the hearing adjourned. That application is made in circumstances where Mr Chan, who is presently subject to an order made under the Vexatious Proceedings Act 2008 (NSW), has made an application to the Court under s 14 of that Act for leave to appeal decisions given in these proceedings, including the decision given on 20 August in which I found that Mr Chan is fit to be tried, and ordered, accordingly, that the hearing now proceed.
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The Prothonotary opposes the adjournment which Mr Chan seeks as being premature. On its approach the directions ought to be given, and any adjournment application ought to be considered once it is known whether or not Mr Chan's application for leave to make an application to the Court of Appeal for leave to appeal has been granted. On its approach that application, and any application to the Court of Appeal, if leave is granted, ought to be expedited.
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Mr Chan opposes the course which the Prothonotary suggests, submitting that given his circumstances, where he is bound by the order made under the Vexatious Proceedings Act, and given his financially straightened circumstances, he is not in a position, he says, to pursue such expedition while at the same time preparing for the hearing fixed in December.
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The circumstances, it seems to me, are such that justice does demand that the December hearing be adjourned. That is a regrettable situation, given the history of the matter, and the course which it has taken, but nevertheless it seems to me unavoidable in the face of the application for leave which Mr Chan has made. He says he is not in a position to seek expedition, and even if he did it, it would not be granted.
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That does not arise for determination in these proceedings. Whether or not he seeks expedition is a matter for Mr Chan, but of course, given the nature of the application which he has made, and the circumstances in which it has arisen, namely proceedings in which he faces serious contempt charges, it may be that the Court takes a different view to that which Mr Chan takes. It may thus be that Mr Chan’s application is dealt with expeditiously, one does not know. But in all of the circumstances, it does seem to me that what justice demands is that the hearing be adjourned, and accordingly, for those reasons, I order that the hearing on 7, 8 and 9 December be vacated.
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I certify that this and the ……
preceding pages are a true copy of
the reasons for judgment herein
of the Honourable Justice Schmidt
DATE: ………………………………………….
ASSOCIATE: …………………………………
Decision last updated: 31 August 2015
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