Wang v State of New South Wales (No 3)

In *Wang v State of New South Wales (No 3)*, the New South Wales Court of Appeal considered a notice of motion filed by Ms Wang seeking to reverse the result of an application for leave to appeal. The State of New South Wales also sought a gross sum order for costs. The proceedings involved a dispute that had previously been before the Court.

The Court was required to determine whether Ms Wang's notice of motion should be dismissed, given that it sought to re-agitate arguments previously put and a notice of motion of a similar character had already been dismissed. Additionally, the Court had to consider the State's application for a gross sum costs order under s 98(4) of the *Civil Procedure Act 2005* (NSW), taking into account the history of the proceedings and the likelihood of incurring further significant costs.

The Court dismissed Ms Wang's notice of motion, finding it to be an attempt to re-agitate previously determined issues. The Court applied principles relating to vexatious and abusive litigation, noting the history of the proceedings. In relation to costs, the Court made a gross sum order in favour of the State, modifying a previous costs order. The Court also imposed a condition on Ms Wang, requiring her to show cause why any future applications concerning the subject matters of prior decisions should not be summarily dismissed as vexatious and an abuse of process.