Zepinic v Chateau Constructions (Aust) Limited

The proceedings concerned an appeal from an order made by a judge of the Supreme Court of New South Wales, which declared the appellant, Mr. Zepinic, a vexatious litigant under the *Vexatious Proceedings Act 2008* (NSW) and made an order that he could not commence or continue proceedings in any NSW court without leave. Mr. Zepinic had previously been involved in numerous legal disputes with the respondent, Chateau Constructions (Aust) Limited, and related parties, concerning building works at his property. The primary judge found that Mr. Zepinic had engaged in vexatious litigation against the respondent and its directors.

The appeal raised several legal issues. Firstly, the court was required to determine whether the procedures mandated by the *Vexatious Proceedings Act 2008* (NSW) had been correctly followed by the primary judge in making the vexatious proceedings order. Secondly, the court had to consider the meaning of "vexatious" in the context of the Act, and whether Mr. Zepinic's conduct met this definition. This included an examination of the meaning of "frequently" as it applied to the frequency of proceedings. Finally, the court considered whether the primary judge's decision should be affirmed on grounds other than those relied upon in the original judgment.

The court affirmed the primary judge's decision, finding that the procedures under the Act had been substantially complied with. The court held that the evidence demonstrated a pattern of conduct by Mr. Zepinic that was not only without reasonable grounds but was also brought for the purpose of harassing or annoying the respondent, thus satisfying the definition of "vexatious". The court found that Mr. Zepinic had conducted proceedings frequently and that his actions were designed to cause delay and embarrassment. The court also considered and rejected the grounds of appeal raised by Mr. Zepinic.

The appeals were dismissed, and Mr. Zepinic was ordered to pay the costs of the respondent.