| JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA LOCATION : PERTH CITATION : VOLLAIRE (SUTTON) -v- PREFUMO [2011] WADC 59 (S) CORAM : SLEIGHT DCJ HEARD : 1 & 21 DECEMBER 2010 & 3 MARCH 2011 DELIVERED : 14 APRIL 2011 PUBLISHED : 3 JUNE 2011 SUPPLEMENTARY
DECISION : 14 APRIL 2011 FILE NO/S : CIVO 102 of 2010 BETWEEN : JEANNE MARIE PAOLA VOLLAIRE (SUTTON) Plaintiff
AND
LOUIS MARCEL ANGELO GILBERT PREFUMO
Defendant
Catchwords: Application under Vexatious Proceedings Restriction Act 2002 (WA) - Statutory requirements - Scope of order when private individual applies - Turns on its own facts Legislation: Vexatious Proceedings Restriction Act 2002 (WA)
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Result: Plaintiff's husband added to list of protected persons Representation: Counsel:
Plaintiff : Ms W F Gillan & Ms J Johnston
Defendant : In person
Amicus Curiae : Mr A J Sefton appeared on behalf of the Attorney General of Western Australia
Solicitors:
Plaintiff : Calverley Johnston
Defendant : Not applicable
Amicus Curiae : State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Vollaire (Sutton) v Prefumo [2011] WADC 59
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1 SLEIGHT DCJ: [This judgment was delivered extempore on 14 April 2011 and has been edited from the transcript.]
2 In my decision in the matter of Vollaire (Sutton) v Prefumo [2011] WADC 59 I refer in [12] to an affidavit of Mr Prefumo dated 21 March 2011, which had been filed in the District Court on 29 March 2011. I am informed by counsel appearing for the applicant that a copy of this affidavit had not been served on the applicant's solicitors, and the first time that the applicant's solicitors became aware of this affidavit was this morning. 3 Paragraph 13 of that affidavit of Mr Prefumo contains a claim by Mr Prefumo that he was threatened by Ms Vollaire's husband on 5 March 2011. Mr Prefumo says that he has lodged a complaint concerning this alleged threat with the Premier of Victoria, as Ms Vollaire's husband is a serving police officer. Mr Prefumo has also informed me today that he has lodged a complaint with both the Victorian Police and the Western Australian Police concerning Ms Vollaire's husband. 4 Ms Vollaire's counsel expressed to me concern that Mr Prefumo would commence a vexatious proceeding against Ms Vollaire's husband, just as he has done in relation to other persons associated with Ms Vollaire. Mr Prefumo has informed me today that he does not intend to do so. However, I conclude that it is a likely scenario that Mr Prefumo, at some time in the future, will commence a vexatious proceeding against Ms Vollaire's husband, as this is consistent with Mr Prefumo's past history of litigation. Accordingly, I believe it is appropriate that I add Ms Vollaire's husband to the names of protected persons listed in [71] of my decision in Vollaire v Prefumo. The list of protected persons will now include Ms Vollaire's husband, Mr Brendan Gerard Sutton.
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