Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Woolf v Brandt (No 4) [2024] NSWCA 47 Hearing dates: On the papers Date of orders: 08 March 2024 Decision date: 08 March 2024 Before: Kirk JA; Adamson JA Decision: (1) Dismiss the applicant’s motion filed on 15 February 2024.
(2) Make no order as to costs of the motion.
(3) Vacate the hearing before the Registrar on 11 March 2024.
Catchwords: JUDGMENTS AND ORDERS – Motion to set aside or vary orders – Court of Appeal – Second application under UCPR, r 36.16(3A) – Applicant seeking to reagitate issues for second time – No basis for re-opening established – Application vexatious and an abuse of process
Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 36.16(3A), 51.12(3)(a), 51.13(5)(a)
Vexatious Proceedings Act 2008 (NSW)
Cases Cited: Arjunan v Neighbourhood Association DP No 285853 (No 3) [2023] NSWCA 266
Ashby v Slipper (2014) 219 FCR 322; [2014] FCAFC 15
Browne v Dunn (1893) 6 R 67
D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1; [2005] HCA 12
Gwe v Commissioner of Australian Federal Police (2020) 103 NSWLR 509; [2020] NSWCA 247)
Proietti v Proietti [2023] NSWCA 132
Teoh v Hunters Hill Council (No 4) (2011) 81 NSWLR 711; [2011] NSWCA 324
Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34
Woolf v Brandt (No 2) [2023] NSWCA 309
Category: Consequential orders Parties: Richard Woolf (Applicant)
Nicholas Brandt (Respondent)Representation: Counsel:
Solicitors:
Self-represented (Applicant)
T Smartt (Respondent)
Not applicable (Applicant)
Youth Law Australia (Respondent)
File Number(s): 2023/214839 Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Civil
- Citation:
- Date of Decision:
- 07 June 2023
- Before:
- Gibson DCJ
- File Number(s):
- 2022/135926
JUDGMENT
-
THE COURT: This Court has delivered three earlier judgments in this matter:
The Court dismissed an application for leave to appeal from a decision of the District Court which summarily dismissed the applicant’s claim in defamation as an abuse of process: Woolf v Brandt [2023] NSWCA 290 (Woolf (No 1). Orders were made on the day of the hearing, 30 November 2023, with reasons published on 5 December 2023.
The Court made an order on 15 December 2023 that costs be paid in a specified gross sum: Woolf v Brandt (No 2) [2023] NSWCA 309.
The applicant filed a motion on 14 December 2023 seeking orders pursuant to r 36.16(3A) of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR), and/or the inherent powers of the Court, that the Court set aside or vary the orders made on 30 November 2023. The Court dismissed that application on 1 February 2024: Woolf v Brandt (No 3) [2024] NSWCA 6 (Woolf (No 3)).
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The applicant in this proceeding has now again applied for this Court to re-open its decision. On 15 February 2024 the applicant,…
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- AGLC
- Woolf v Brandt (No 4) [2024] NSWCA 47
- Case
- [2024] NSWCA 47
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court of Appeal was whether the applicant had established a sufficient basis to reagitate issues that had already been determined by the court. The court was required to consider whether the second application constituted an abuse of process.
The Court of Appeal reasoned that the applicant had not provided any new material or demonstrated any error in the previous decisions that would justify re-opening the matter. The court found that the application was vexatious and an abuse of process, as it sought to relitigate decided issues without any proper legal foundation.
Consequently, the Court of Appeal dismissed the applicant's motion, made no order as to the costs of the motion, and vacated the hearing before the Registrar scheduled for 11 March 2024.
Orders
Orders of the court
(1) Dismiss the applicant’s motion filed on 15 February 2024.
(2) Make no order as to costs of the motion.
(3) Vacate the hearing before the Registrar on 11 March 2024.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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