Wang v Purpose Pty Ltd t/as Botany View Hotel

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Wang v Purpose Pty Ltd t/as Botany View Hotel [2021] NSWCA 10

Hearing dates:

11 February 2021

Date of orders:

11 February 2021

Decision date:

17 February 2021

Before:

Macfarlan JA;
Meagher JA;
Payne JA

Decision:

(1)   Extension of time for the filing of the application for leave to appeal refused.

(2)   Application for leave to appeal dismissed.

(3)   Mr Wang to pay the costs of the two respondents.

Catchwords:

CIVIL PROCEDURE – parties – vexatious litigants – limited vexatious proceedings order in relation to applicant – primary judge extended vexatious proceedings order – Vexatious Proceedings Act ss 8, 9 – application for leave to appeal filed late – no sensible argument advanced nor any explanation for lateness

Legislation Cited:

District Court Act 1973 (NSW), s 127

Local Court Act 2007 (NSW), s 39

Vexatious Proceedings Act 2008 (NSW)

Cases Cited:

Muldoon v Church of England Children’s Homes Burwood (2011) 80 NSWLR 282; [2011] NSWCA 46

Category:

Principal judgment

Parties:

Mr Yun Fu Wang (Applicant)
Purpose Pty Ltd t/as Botany View Hotel (First Respondent)
Attorney General of NSW (Second Respondent)

Representation:

Counsel:
Self-represented Applicant
S McMahon (First Respondent)
D Birch (Second Respondent)

Solicitors:
Sparke Helmore Lawyers (First Respondent)
Crown Solicitor for NSW (Second Respondent)

File Number(s):

2020/244422

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Common Law

Citation:

[2019] NSWSC 1323

Date of Decision:

01 October 2019

Before:

Adamson J

File Number(s):

2019/169660

Judgment

1. THE COURT: On 17 August 2020 Mr Yun Fu Wang, the applicant, filed a summons seeking leave to appeal from a judgment of Adamson J of the Common Law Division delivered on 1 October 2019 ([2019] NSWSC 1323). On 11 February 2021, we made orders refusing an extension of time for filing the summons, dismissing the summons, reserving our reasons for judgment and requiring Mr Wang to pay the respondents’ costs. These are our reasons for making those orders.

2. By her judgment, Adamson J ordered that the proceedings before her be summarily dismissed and that a limited vexatious proceedings order made by McCallum J on 19 December 2017 (see Vaughan t/as Johnston Vaughan v Wang [2017] NSWSC 1791) be extended to prohibiting Mr Wang from commencing any proceedings in New South Wales without the leave of the Supreme Court.

3. The genesis of the multiple court proceedings commenced by Mr Wang and referred to in the judgments of McCallum J and Adamson J was an injury he suffered in August 2000 whilst employed at the Botany View Hotel, which was operated by the first respondent. Mr Wang’s workers compensation claim was refused on the basis that his injuries did not arise out of any work-related incident. In consequence, he pursued many proceedings, referred to in the judgment of McCallum J, to attempt to reverse that result. As well, he brought multiple proceedings against Mr Michael John Vaughan and Mr Amil Dlakic (each of whom traded as Johnston…