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Murch v Annesley [2021] VSCA 83

PRACTICE AND PROCEDURE
Victorian Court of Appeal
Judge(s): 
Beach, Emerton and Kennedy JJA
Parties: 

Murch, Robert George; Kissel, Robin & R G Murch Nominees P/L (ACN 005 424 742) v Annesley, Paul David; Annesley, Sharlene Phyllis; Annesley, Susan; Tatana, David (also known as Tatana, David Hohepa); Tatana, Wirihana & Annesley Investments P/L (ACN 123 100 943) Annesley, Paul David v Murch, Robert George; Kissel, Robin & R G Murch Nominees P/L (ACN 005 424 742)

Judgment Date: 
31 March 2021
Catchwords: 

PRACTICE AND PROCEDURE - Vexatious proceedings - Applications for leave to appeal - Applications required to be heard on the basis of written submissions unless exceptional circumstances and in interests of justice to conduct an oral hearing - No exceptional circumstances - Applications heard on the papers - Vexatious Proceedings Act 2014, ss 79 and 84.

PRACTICE AND PROCEDURE - Vexatious proceedings - Applications for leave to appeal - Extended litigation restraint orders - Acting in concert order - Application for leave to appeal against grant of ELRO refused - Application for leave to appeal against refusal of ELRO and acting in concert order refused - Vexatious Proceedings Act 2014, ss 16, 17, 34 and 35.

PRACTICE AND PROCEDURE - Vexatious proceedings - Costs - Primary judge not ordering costs against parties against whom ELROs granted - Application for leave to appeal against failure to make costs orders granted.

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