Viavattene v Morton

In Viavattene v Morton, the applicant, previously declared vexatious by the Court of Appeal, sought to file a notice of motion to institute contempt of court proceedings against the defendants. These defendants were subject to a previous court order prohibiting them from harassing or assaulting the applicant. The application was made despite the Court of Appeal's orders that restrained the applicant from filing certain legal actions without leave. The legal issues at hand focused on whether the applicant's notice of motion was caught by the previous orders and if the applicant's right to appeal was grounded in statute.

The court examined the nature and scope of the orders made by the Court of Appeal, which were intended to prevent the applicant from engaging in vexatious litigation. It was determined that the notice of motion fell within the ambit of these orders, as it was an attempt to circumvent the restrictions placed on the applicant. The court held that the orders were clear and unambiguous, leaving no room for interpretation, and thus the applicant's application was properly caught by those orders. Regarding the right of appeal, the court found that any appeal would need to be grounded in statute, as the right to appeal is not a common law right but is instead provided by legislation.

The outcome of the case was that the applicant's attempt to file the notice of motion was dismissed, as it was clearly in breach of the orders made by the Court of Appeal. The court reinforced the importance of adhering to court orders designed to curb vexatious litigation, and highlighted the need for applicants to seek leave where such orders apply to their proposed legal actions. No appeal was permitted without the requisite statutory authority, underscoring the limited nature of appellate jurisdiction in this context.