Registrar of the Court of Appeal v Raad

The Registrar of the Court of Appeal sought to strike out an appeal by Raad on the grounds that it was frivolous and vexatious, and an abuse of process. The appeal concerned a decision of the Supreme Court of New South Wales, which had dismissed Raad's application for leave to appeal against a prior decision of the Court of Appeal itself. The core of the dispute lay in Raad's persistent attempts to relitigate matters that had already been determined by the courts.

The Court of Appeal was required to determine whether Raad's proposed appeal constituted an abuse of process, warranting its summary dismissal. Specifically, the court had to consider whether the appeal was frivolous, vexatious, or an abuse of the court's process, and whether there was any reasonable prospect of success.

The Court of Appeal found that Raad had repeatedly sought to relitigate issues that had been finally determined by the courts, including by the Court of Appeal itself. The court noted that Raad had not identified any new evidence or any error in the previous judgments that would justify a further appeal. Applying the principles established in cases concerning abuse of process, the court concluded that Raad's actions were vexatious and an abuse of the court's process, as they served no legitimate purpose other than to harass the respondent and to cause further expense.

The Court of Appeal ordered that the appeal be struck out as frivolous, vexatious, and an abuse of process.