Prothonotary of the Supreme Court of New South Wales v Yau Hang Chan (No 2)

In this case, the Prothonotary of the Supreme Court of New South Wales sought a declaration that a litigant, Yau Hang Chan, was a vexatious litigant. The Prothonotary also sought an injunction to prevent Chan from commencing any further proceedings in the Local Court without leave. The matter was heard in the Supreme Court of New South Wales. The Prothonotary alleged that Chan's conduct constituted contempt of court due to his behaviour in proceedings before the Local Court. The Prothonotary argued that Chan had made numerous vexatious and frivolous applications for adjournments, which had caused a significant waste of the court's resources.

The primary legal issues before the court were whether Chan's conduct constituted contempt of court and whether he could be declared a vexatious litigant. The court had to consider the principles and criteria for declaring someone a vexatious litigant and whether Chan's conduct warranted such a declaration. Additionally, the court had to determine whether Chan's conduct during the Local Court proceedings constituted contempt of court.

The court found that Chan's conduct did constitute contempt of court, as his numerous frivolous applications for adjournments had caused a significant waste of the court's resources. The court determined that Chan's applications for adjournment had no proper basis and were made solely to delay the proceedings. The court held that Chan's conduct met the criteria for being declared a vexatious litigant. Consequently, the court granted the Prothonotary's application and declared Chan a vexatious litigant. The court also issued an injunction to prevent Chan from commencing any further proceedings in the Local Court without leave.

The court ordered that Yau Hang Chan be declared a vexatious litigant and prohibited him from commencing any further proceedings in the Local Court without leave. The court also ordered that Chan pay the Prothonotary's costs of the application.