The Hills Shire Council v Stankovic

The Hills Shire Council applied to the Local Court of New South Wales under the Vexatious Proceedings Act 2008 (NSW) for orders to be made against Mr Stankovic, alleging that he had frequently instituted or conducted vexatious proceedings. The Council sought declarations, injunctions, and orders for costs. Mr Stankovic opposed the application, asserting that the Council had not met the required threshold for establishing vexatious conduct. The court was tasked with determining whether the Council had discharged the onus of proof, and if so, whether the court's discretion to make orders should be exercised, and if so, what form those orders should take.

The court examined the evidence provided by the Council, which detailed numerous instances of Mr Stankovic's legal actions that were deemed to be without merit and brought with the intent to harass or oppress. The court found that the Council had met the onus of establishing that Mr Stankovic had frequently instituted or conducted vexatious proceedings. In exercising its discretion, the court considered the need to protect the legal system from abuse and the public interest in discouraging such conduct. The court concluded that the discretion should be exercised in favour of making orders against Mr Stankovic.

Accordingly, the court made the declarations and injunctions sought by the Council and ordered Mr Stankovic to pay the costs of the application. The court's decision was based on the established pattern of vexatious litigation and the importance of upholding the integrity of the legal system. The orders serve as a deterrent to Mr Stankovic and others from engaging in similar conduct in the future.