Vollaire (Sutton) v Prefumo

The case of Vollaire (Sutton) v Prefumo was an application under the Vexatious Proceedings Restriction Act 2002 (WA) where the plaintiff sought to restrict the defendant’s ability to commence proceedings against her. The plaintiff, Vollaire, had previously been involved in a contentious legal dispute with the defendant, Prefumo, over a property transaction. Vollaire claimed that Prefumo had engaged in vexatious litigation by repeatedly bringing claims against her, which she argued were frivolous and intended to cause her distress. Vollaire sought an order to prevent Prefumo from commencing any further proceedings against her without first obtaining leave from the court.

The primary legal issue before the court was the interpretation of the statutory requirements for making an order under the Vexatious Proceedings Restriction Act 2002 (WA) when a private individual, as opposed to a public official, applies for such an order. Specifically, the court had to determine the scope of the order that could be made in these circumstances. The court also considered whether the nature and conduct of the previous litigation between the parties warranted the imposition of such restrictions on Prefumo’s ability to initiate further proceedings.

The court found that the statutory provisions applied equally to private individuals and public officials, and that an order could be made to restrict the defendant's right to commence proceedings without leave. The court emphasised that the criteria for making such an order should be interpreted flexibly to ensure that vexatious litigation is effectively curtailed, while also safeguarding against unjust restrictions on legal rights. In this instance, the court concluded that the previous litigation had indeed been vexatious and that an order was warranted to prevent a recurrence of such conduct. The court made an order restricting Prefumo from bringing any further proceedings against Vollaire without first obtaining leave from the court.