Zepinic v Malanos

The applicant, Zepinic, sought leave to appeal a decision of the District Court of New South Wales. Malanos was the respondent. The core of the dispute concerned the applicant's status as a person subject to a vexatious proceedings order made under the *Vexatious Proceedings Act 2008* (NSW). The Court of Appeal of New South Wales was required to determine whether the applicant's application for leave to appeal fell within the scope of that existing order and, if so, whether the application could proceed without the necessary leave from the court to institute such proceedings.

The primary legal issue before the Court of Appeal was whether the applicant, having been made subject to a vexatious proceedings order, was permitted to initiate an application for leave to appeal without first obtaining specific authorisation under section 6(1) of the *Vexatious Proceedings Act 2008* (NSW). This section requires a person subject to such an order to obtain leave from the relevant court before commencing any new proceedings. The court also considered whether, even if the procedural hurdle were overcome, the application for leave to appeal had any merit.

The Court of Appeal reasoned that the applicant's application for leave to appeal was indeed an action that fell within the ambit of the vexatious proceedings order. As such, the applicant was legally required to seek and obtain leave from the Court of Appeal itself to institute this application. The applicant had failed to do so. Consequently, the application was dismissed on this procedural ground alone. Furthermore, the court indicated that, had the procedural requirement been met, the application for leave to appeal would have been refused on its merits. The application for leave to appeal was dismissed with costs.