Shire of Katanning v Bride [No 2]

The Shire of Katanning sought leave to apply for a declaration under the Vexatious Proceedings Restriction Act 2002 (WA) that the defendants were vexatious litigants. The Shire sought an order prohibiting the defendants from instituting proceedings against it, the Shire's representatives, and its legal advisors. The defendants opposed the application, contending that the proceedings were not vexatious and that the Shire had not demonstrated a likelihood of further vexatious proceedings.

The court had to determine the meaning of 'vexatious proceedings' in the context of the Act, and whether the proceedings instituted by the defendants were vexatious. The court also had to consider whether the defendants were likely to institute further vexatious proceedings against the Shire, its representatives, and its legal advisors. The court noted that the determination of whether proceedings were vexatious turned on their own facts and circumstances.

The court found that the defendants had instituted a series of proceedings against the Shire, its representatives, and its legal advisors over a number of years. The court found that the defendants had a history of making frivolous and oppressive claims, and that they had shown a clear disregard for the legal process. The court found that the defendants were likely to institute further vexatious proceedings against the Shire, its representatives, and its legal advisors. The court granted leave to bring the application and allowed the application.