Fact sheet on vexatious litigants
What is a vexatious litigant?
Section 84 of the Supreme Court Act 1970 defines a vexatious litigant as someone who habitually and persistently institutes vexatious legal proceedings without any reasonable grounds.
Vexatious proceedings may be commenced against numerous different individuals or several proceedings may be commenced against a particular person, who becomes known as the “person aggrieved”.
How does someone become a vexatious litigant?
The Attorney General or the person aggrieved may apply to the Court to have a person involved in legal proceedings declared a vexatious litigant. The Attorney General can seek orders relating to any legal proceedings initiated by the proposed vexatious litigant. However, if the person aggrieved lodges the application, they may only seek orders in relation to proceedings specifically commenced against them.
An application is made by Notice of Motion with supporting Affidavit including information such as the history of the vexatious litigant and the chronology of the case. The application must only refer to proceedings commenced by a proposed vexatious litigant within the jurisdiction of New South Wales’ courts or tribunals.
Will an order under section 84 always prevent the vexatious litigant from ever commencing another case?
No. If the court is satisfied that the proceedings are not an abuse of process and there is sufficient evidence to suggest there are proper grounds for the proceedings, then the court may order that the vexatious litigant seeks leave before initiating or continuing proceedings.
Where can I find the relevant caselaw concerning vexatious litigants and vexatious proceedings?
The test for whether a proceeding is vexatious is set out by Roden J in Attorney General v Wentworth (1988) 14 NSWLR 481 at 491:
1. Proceedings are vexatious if they are instituted with the intention of
annoying or embarrassing the person against whom they are brought.
2. They are vexatious if they are brought for collateral purposes, and not
for the purpose of having the court adjudicate on the issues to which they
give rise.
3. They are also properly to be regarded as vexatious if, irrespective of the
motive of the litigant, they are so obviously untenable or manifestly
groundless as to be utterly hopeless.
4. In order to fall within the terms of s 84:
(a) proceedings in categories 1 and 2 must also be instituted without
reasonable ground (proceedings in category 3 necessarily satisfy that
requirement);
(b) the proceedings must have been “habitually and persistently” instituted
by the litigant.
Is there a list of vexatious litigants for the Supreme Court which also lists the orders that apply to them?
The names of individuals that are currently considered vexatious at the Supreme Court of NSW follows. The names of these individuals link to information pertaining to the orders made against them.
Bar-Mordecai, Michael Jacob
Betts, Craig Andrew
Bhattacharya, Pranay Kumar
Caldar, Russell (also known as Russell Graham Gittoes)
Gittoes, Russell Graham (also known as Russell Caldar)
Jambrecina, Drago
Kanak, Dominic Wy
Markisic, Dragan
Markisic, Oliver
Spautz, Michael Edward
Tsekouras, Con
West, Raymond Stanley
Wilson, Paul
Witt, Frank Raleigh
Name | Date of Order | Order Made By | Order Made |
| Bar-Mordecai, Michael Jacob | 25/02/2005 | Acting Justice Patten | Without leave from the Supreme Court of New South Wales, Michael Jacob Bar-Mordecai is restrained from:
- instituting proceedings in any Court; and
- continuing any legal proceedings instituted before 25/02/2005.
Michael Jacob Bar-Mordecai must give the Crown Solicitor at least three days’ notice in writing of any application for leave to institute or continue legal proceedings. |
| Betts, Craig Andrew | 30/09/2004 | Justice Hoeben | Pursuant to s84(1) of the Supreme Court Act 1970, Craig Andrew Betts is restrained from
- instituting any legal proceedings, whether civil or criminal, in any court in New South Wales;
- continuing any legal proceedings, whether civil or criminal, without the leave of this Court.
- instituting (by himself, his servants or agents) any application in any existing civil or criminal legal proceedings in any court in New South Wales, and
- instituting (by himself, his servants or agents) any appeal in respect of any legal proceedings, whether civil or criminal, in any court in New South Wales.
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| Bhattacharya, Pranay Kumar | 10/12/2003 | Justice Whealy | Pursuant to s84(1) of the Supreme Court Act 1970, without the leave of the Supreme Court of New South Wales, Pranay Kumar Bhattacharya is restrained from:
- instituting any legal proceedings, whether civil or criminal, in any court in New South Wales;
- continuing any legal proceedings, whether civil or criminal, instituted by Mr. Bhattacharya before 10/12/2003;
- instituting (by himself , his servants or agents) any application in any existing civil or criminal legal proceedings in any court in New South Wales, and
- instituting (by himself , his servants or agents) any appeal in respect of any legal proceedings, whether civil or criminal, in any court in New South Wales.
|
| Gittoes, Russell Graham aka Caldar, Russell | 22/04/2005 | Justice White | Without leave of the Supreme Court of New South Wales, Russell Graham Gittoes aka Russell Caldar (Mr. Gittoes) is restrained from:
- instituting any legal proceedings, whether civil or criminal, against the Public Trustee in any court in New South Wales;
- continuing any legal proceedings, whether civil or criminal, instituted against the Public Trustee before 22/04/2005 in any court in New South Wales;
- instituting by himself, his servants or agents, any proceedings, whether civil or criminal, against the Public Trustee in any court in New South Wales;
- making any application by himself, his servants or agents in any legal proceedings, whether civil or criminal already instituted against the Public Trustee in any court of this New South Wales, and
- instituting by himself, his servants or agents, any appeal or application or leave to appeal in respect of legal proceedings, whether civil or criminal, already instituted against the Public Trustee by the leave of this court.
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| Jambrecina, Drago | 15/11/2002 | Justice Levine | Drago Jambrecina is declared a vexatious litigant within the meaning of s84(2) of the Supreme Court Act 1970. Without the leave of the Supreme Court, Drago Jambrecina is restrained from:
- instituting any legal proceedings against Pyramid Building Society Ltd or Farrow Mortgage Services Pty Ltd in any New South Wales court, and
- continuing any legal proceedings instituted before 15/11/2002 in any New South Wales court against Pyramid Building Society Ltd and/or Farrow Mortgage Services Pty.
|
| Kanak, Dominic Wy | 05/02/2004 | Justice O'Keefe | Pursuant to s84(1) of the Supreme Court Act 1970, without the leave of the Supreme Court of New South Wales, Dominic Wy Kanak is restrained from:
- instituting any legal proceedings in any court, and
- continuing any legal proceedings instituted before 05/02/2004 with the exception of the proceedings filed in the Court of Appeal on 27/02/2003.
|
| Markisic, Dragan | 18/07/2005
16/10/2007 | Justice Hidden
Justice Harrison | Subject to the order of Smart AJ on 21/06/2005, without the leave of the Supreme Court of New South Wales, Dragan Markisic is restrained from filing further motion, or bring fresh proceedings against the following:
- Doreen Muirhead;
- Victoria Hartstein;
- The Crown Solicitor for State of NSW;
- David Robinson;
- Roshana Wikramanayake;
- The Australian Government Solicitor;
- Alexander Kohn;
- Makinson & d’Apice;
- The Trustees of the Roman Catholic Church for the Archdiocese of Sydney;
- Gregory John Nell;
- Blake Dawson Waldron, and
- Qantas Airways Ltd.
Without the leave of a Judge of the Supreme Court, Dragan Markisic is restrained from filing further motion, or bring fresh proceedings against Middletons Lawyers.
|
| Markisic, Oliver | 25/11/2005
16/10/2007 | Justice Grove
Justice Harrison | Without leave of the Supreme Court of New South Wales, Oliver Markisic is restrained from:
- filing any further motion against the Australian Government Solicitor, Ms Roshana Wikramanayake or Mr. David Robinson SC, and
- bringing fresh proceedings against the Australian Government Solicitor, Ms Roshana Wikramanayake or Mr. David Robinson SC.
Without the leave of a Judge of the Supreme Court, Oliver Markisic is restrained from filing further motion, or bring fresh proceedings against Middletons Lawyers.
|
| Spautz, Michael Edward | 13/06/1990 | Justice McInerney | Without the leave of the Supreme Court of New South Wales, Michael Edward Spautz by himself, his servants or agents, is restrained from:
- instituting any legal proceedings, whether civil or criminal, in any Court in New South Wales;
- instituting any application in any legal proceedings, whether civil or criminal, already instituted in any Court in New South Wales, and
- instituting any appeal in respect of any legal proceedings, whether civil or criminal, in any Court in New South Wales.
Mr. Spautz must give the Crown Solicitor at least three days’ notice of any application for leave. |
| Tsekouras, Con | 05/03/2003
05/06/2007 | Justice Palmer
Acting Justice Bryson | Pursuant to s84(2) of the Supreme Court Act 1970, without leave from the Supreme Court of New South Wales, Mr. Con Tsekouras is restrained from:
- instituting any legal proceedings against Vivieca Evangelinidis in any court, and
- continuing any legal proceedings instituted before 5/3/2003 against Vivieca Evangelinidis in any court.
Pursuant to s84(2) of the Supreme Court Act 1970, without leave from the Supreme Court of New South Wales, Con Tsekouras is restrained from:
- instituting any legal proceedings against Peter Olsen in any court, and
- continuing any legal proceedings instituted before 05/06/2007 against Peter Olsen in any court.
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| West, Raymond Stanley | 19/11/1992 | Justice Newman | Raymond Stanley West is declared a vexatious litigant within the terms of s84(1) of the Supreme Court Act 1970. Without the leave of the Supreme Court of New South Wales, Raymond Stanley West by himself, his servants or agents, is restrained from:
- instituting any legal proceedings, whether civil or criminal, in any court in New South Wales;
- continuing any legal proceedings, whether civil or criminal, in any court in New South Wales, and
- taking any step to institute or continue any legal proceedings, whether civil or criminal, in any court in New South Wales.
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| Wilson, Paul | 10/03/2005 | Master Malpass | Without leave of a Judge of the Supreme Court of New South Wales, Paul Wilson is restrained from:
- filing any further process in the Supreme Court of New South Wales.
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| Witt, Frank Raleigh | 21/12/2006 | Justice Rothman | Frank Raleigh Witt is declared a vexatious litigant within the meaning of s84(2) of the Supreme Court Act 1970. Without the leave of the Supreme Court, Frank Raleigh Witt is restrained from:
- instituting proceedings against Kenneth Alan Cox in any Court; and
- continuing any legal proceedings against Kenneth Alan Cox instituted before 21/12/2006.
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