Attorney General for NSW v Singh

1. [1]

   HIS HONOUR: By a summons filed on 30 May 2023, the Attorney-General for the State of New South Wales (the plaintiff), sought orders against Gurjit Singh (the defendant, or Mr Singh), pursuant to s 8(7) of the Vexatious Proceedings Act 2008 (NSW) (the Act), “in such terms as the Court considers appropriate”.

2. [2]

   The defendant appeared without legal representation at the hearing, which was on 8 December 2023. At its conclusion, he was directed to file any closing written submissions by 12 January 2024, and the plaintiff to file any reply by 29 January 2024. The defendant did not file any submissions, and when contacted by the plaintiff on 24 January 2024, said that he had not received a copy of the transcript of the hearing. The copy of the transcript was then provided to the defendant by the plaintiff on 21 February 2024 and a new timetable fixed, which required the defendant to file any submissions by 15 March 2024 and the plaintiff to file any reply by 29 March 2024.

3. [3]

   By 21 March 2024, the defendant had not filed any material. I caused the parties to be notified by email that I would proceed to judgment. Forty-five minutes later, the defendant emailed back a one-sentence reply, “I am actually completing my submissions, I need more time”. On 25 March 2024, the defendant filed a five-page document entitled “Further submissions of the defendant”. The matter was listed for judgment on 26 April 2024 and the parties were notified of the listing by email from my chambers on 24 April. Mr Singh did not appear for judgment. The following are my reasons for the orders made.

4. [4]

   Section 8 of the Act relevantly provides:

5. [5]

   “Proceedings” is defined broadly, in s 4 of the Act, as follows:

6. [6]

   “Vexatious proceedings” is also defined in s 6:

7. [7]

   In Viavattene v Attorney General (NSW) [2015] NSWCA 44 at [14], Basten JA said, with respect to s 6 of the Act:

8. [8]

   In Vito Zepinic v Chateau Constructions (Aust) Limited; Nina Zepinic v Chateau Constructions (Aust) Limited [2018] NSWCA 317 (“Zepinic”), Simpson AJA, McColl and Macfarlan JJA agreeing, identified the necessary steps in order for the Court to determine such an application:

9. [9]

   Simpson AJA, at [17] of Zepinic, noted that the Court has repeatedly emphasised that a judge determining an application for a vexatious proceedings order must deal individually with each proceeding that is alleged to come within the s 6 definition. In Teoh v Hunters Hill Council (No 8) [2014] NSWCA 125, the Court (Beazley P; Emmett JA; Sackville AJA) explained at [56] that the purpose of a vexatious proceedings order is not punitive, but rather “to shield other litigants from harassment and to protect the Court itself from the expense, burden and inconvenience of baseless and repetitious suits”.

10. [10]

    Directions were made on 24 August 2023 by Senior Deputy Registrar Hedge as to the filing of material by the parties. In compliance with those directions, the plaintiff filed an affidavit of John McDonnell, who is an Assistant Crown Solicitor, affirmed 29 May 2023 and of Andrew Bell, who is a solicitor in the employment of the Crown Solicitor’s Office, affirmed 21 August 2023. Both affidavits attached copies of the material, which were read without objection and relied upon in the application. The plaintiff filed written submissions on 5 October 2023.

11. [11]

    The defendant was directed to file and serve his evidence by 5 October 2023, although he informed Senior Deputy Registrar Hedge that he did not intend to rely upon any evidence. He was to file any written submissions by 16 November 2023. The defendant did not file any material or submissions pursuant to the timetable, but on the day of the hearing, at 5.10am and at 6.53am, he electronically filed with the registry two bundles of documents and forwarded them by email to my Chambers, together with a letter, and another bundle of documents which, he wrote by email, was too large to file electronically. The three bundles of documents were marked Exhibit A (filed at 5.10am), Exhibit B (filed at 6.53am) and Exhibit C (the bundle emailed to chambers). The letter, dated 15 October 2021, which was from the defendant to Bromwich J of the Federal Court of Australia, was marked Exhibit D. Exhibits B and C both had a cover sheet titled “written submissions” and a note by the defendant stating that the registrar allowed him insufficient time to prepare written submissions and he would refer to the documents in the course of his oral submissions. There was no apparent order to the documents in the bundles, which included a mix of Federal Court and Supreme Court filings, judgments, affidavits and correspondence.

12. [12]

    In written submissions, the plaintiff submitted:

13. [13]

    In 2006, the defendant was the director and shareholder of Anmol Holdings Pty Ltd (Anmol). In 2006, Anmol leased premises in Kingswood (the Kingswood retail premises) for use as a restaurant from Fobupu Pty Ltd (Fobupu) for a period of three years, commencing on 1 November 2006 with two options for renewal, each for a period of five years. The maximum period of tenancy under the lease was 13 years. The directors of Fobupu were Ghulam Khan and Samina Khan. The defendant was involved in the operation of an Indian restaurant on the premises and guaranteed Anmol’s obligations under the lease.

14. [14]

    The defendant was typically unrepresented in his appearances in the proceedings outlined and relied upon by the plaintiff, although on some occasions, he said that he had the benefit of legal advice.

15. [15]

    The outline of the litigation history, which is based (although not exclusively) on the summary contained in the plaintiff’s submissions, is grouped according to the proceedings in question.

16. [16]

    On 18 December 2017, Mr Singh filed two applications in the Tribunal:

17. [17]

    On 23 January 2018, Senior Member Charles made orders in Tribunal Proceedings COM 17/53291 (the 23 January 2018 Interim Order) which included an order for interlocutory relief:

18. [18]

    On 28 February 2018, Fobupu lodged an application against Mr Singh in the Tribunal for back rent and a termination order in respect of a residential unit (the Kingswood residential premises) on the first floor of the Kingswood retail premises, above the restaurant (Tribunal Proceedings RT 18/10018).

19. [19]

    On 6 March 2018, Tribunal Member Simon made timetabling orders for the preparation of Mr Singh’s application for hearing in Tribunal Proceedings COM 17/53297.

20. [20]

    On 18 April 2018, Principal Member Harrowell heard and determined an internal appeal by Mr Singh from Tribunal Member Simon’s orders of 6 March 2018. Principal Member Harrowell concluded that the decision of Tribunal Member Simon was an interlocutory decision, that leave was therefore required under s 80(2)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) (the CAT Act) and that leave should be refused. Principal Member Harrowell said, at p 15 of his reasons:

21. [21]

    On 19 April 2018, Fobupu’s application in Tribunal Proceedings RT 18/10018 in relation to the Kingswood residential premises was heard by General Member Levingston. Mr Singh, who alleged that he was ill, did not attend. General Member Levingston refused to adjourn the proceedings and, after hearing from the landlord, ordered Mr Singh to pay Fobupu the amount of $3,700 for back rent and ordered that the tenancy agreement was terminated on 13 May 2018: see Singh v Fobubu Pty Ltd; Singh v Khan [2018] NSWSC 1817 at [7] (“[2018] NSWSC 1817”).

22. [22]

    On 27 April 2018, Deputy President Westgarth made an order lifting the 23 January 2018 Interim Order: see Singh v Khan [2019] NSWCATAP 2 at [3].

23. [23]

    On 25 May 2018, Principal Member Harrowell ordered Mr Singh to pay the respondents’ costs of the application for leave to appeal from Tribunal Member Simon’s directions of 6 March 2018: Singh v Fobupu Pty Ltd [2018] NSWCATAP 127.

24. [24]

    On 28 May 2018, Mr Singh commenced an internal appeal (Tribunal Proceedings AP 18/25082) from the order of Deputy President Westgarth lifting the 23 January 2018 Interim Order: see Singh v Khan [2019] NSWCATAP 2 at [5].

25. [25]

    On 26 July 2018, an Appeal Panel granted Mr Singh leave to appeal from General Member Levingston’s decision of 19 April 2018 in relation to the Kingswood residential premises and dismissed the appeal: Singh v Fobupu Pty Ltd [2018] NSWCATAP 182.

26. [26]

    On 17 August 2018, Mr Singh filed a summons in the Supreme Court, commencing Supreme Court Proceedings 2018/278850. The summons sought leave to appeal Principal Member Harrowell’s decision of 18 April 2018 to refuse leave to appeal from the timetabling orders made by Tribunal Member Simon on 6 March 2018.

27. [27]

    On 7 November 2018, Fobupu commenced fresh proceedings in the Tribunal (Tribunal Proceedings RT 18/47679) seeking an order for possession of the Kingswood residential premises: see [2018] NSWSC 1817 at [9].

28. [28]

    On 13 November 2018, Mr Singh filed a further summons in the Supreme Court, commencing Supreme Court Proceedings 2018/348479: see [2018] NSWSC 1817 at [10]. The summons sought leave to appeal from the Appeal Panel’s decision of 26 July 2018 in relation to the Kingswood residential premises.

29. [29]

    On 21 November 2018, Mr Singh filed notices of motion in the Supreme Court in Supreme Court Proceedings 2018/278850 and 2018/348479. By his notices of motion, Mr Singh sought an interim stay of Tribunal Proceedings RT 18/47679 and COM 17/53297 and a stay of those proceedings pending determination of the Supreme Court proceedings. On 27 November 2018, Adamson J (as her Honour then was) heard and dismissed Mr Singh’s applications for interim stays: [2018] NSWSC 1817. Her Honour recounted the history:

30. [30]

    Adamson J refused the application, finding, at [23]:

31. [31]

    In relation to the appeal in Supreme Court Proceedings 2018/278850 from Principal Member Harrowell’s decision of 18 April 2018 to refuse leave to appeal from timetabling orders, her Honour noted, at [24]:

32. [32]

    On 21 January 2019, Mr Singh sought to file a notice of motion in Supreme Court Proceedings 2018/278850 seeking to institute an appeal from the decision of the Appeal Panel in Tribunal Proceedings AP 18/25082 (in relation to the lifting of the 23 January 2018 Interim Order).

33. [33]

    On 8 February 2019, Mr Singh sought to file a further notice of motion in Supreme Court Proceedings 2018/278850 seeking similar orders to those sought by the notice of motion of 21 January 2019.

34. [34]

    On 12 February 2019, Registrar Bradford rejected the notices of motion of 21 January 2019 and 8 February 2019 for filing on the basis that the appeals should be commenced by way of summons: see Singh v Khan [2019] NSWSC 211 at [1] (“[2019] NSWSC 211”).

35. [35]

    On 22 February 2019, the Appeal Panel in Tribunal Proceedings AP 18/25082 ordered Mr Singh to pay the respondents’ costs of the application for leave to appeal from Deputy President Westgarth’s order lifting the 23 January 2018 Interim Order and delivered reasons: Singh v Khan [2019] NSWCATAP 45. In its reasons, the Appeal Panel found that there were special circumstances warranting an award of costs:

36. [36]

    On 25 February 2019, Mr Singh filed a notice of motion in Supreme Court Proceedings 2018/278850 seeking a review of Registrar Bradford’s decision.

37. [37]

    On 5 March 2019, Schmidt J delivered judgment dismissing Mr Singh’s notice of motion seeking to review Registrar Bradford’s decision to reject notices of motion for filing: [2019] NSWSC 211. Her Honour could not “see any basis for the conclusion that the Registrar was wrong”: [2019] NSWSC 211 at [2].

38. [38]

    On 26 April 2019, in Singh v Khan; Singh v Fobupu Pty Ltd [2019] NSWSC 485 (“[2019] NSWSC 485”) Harrison AsJ delivered judgment in Supreme Court Proceedings 2018/278850 and 2018/348479 dismissing the balance of the two notices of motion of 21 November 2018, noting, at [18], that:

39. [39]

    Harrison AsJ also dismissed two other notices of motion, which sought a consolidation of proceedings and a joinder of a party, that had been filed by Mr Singh in Supreme Court Proceedings 2018/278850: [2019] NSWSC 485.

40. [40]

    On 3 June 2019, Mr Singh filed a notice of motion in Supreme Court Proceedings 2018/278850 seeking to appeal from the orders made by Harrison AsJ on 26 April 2019.

41. [41]

    On 8 August 2019, an order was made dismissing Supreme Court Proceedings 2018/278850. This appears to have been in error. The circumstances in which this came to occur were subsequently described by Adamson J in Singh v Khan [2021] NSWSC 1093: ("[2021] NSWSC 1093”)

42. [42]

    On 13 July 2021, Mr Singh filed a notice of motion in Supreme Court Proceedings 2018/278850 seeking to have the order of 8 August 2019 dismissing the proceedings set aside. The same day, he filed an affidavit in support dated 12 July 2021. The affidavit included the following allegations:

43. [43]

    On 23 July 2021, the defendants in Supreme Court Proceedings 2018/278850 filed a notice of motion seeking that the proceedings be stayed under s 60(2) of the Bankruptcy Act 1966 (Cth) and, second, an order dismissing the notice of motion of 13 July 2021, on the grounds that Mr Singh did not have standing to bring the motion or continue the proceedings: [2021] NSWSC 1093 at [1].

44. [44]

    On 29 July 2021, Supreme Court Proceedings 2018/278850 came before Registrar Jones for directions. Registrar Jones listed the defendants’ notice of motion of 23 July 2021 before the Common Law Duty Judge on 26 August 2021.

45. [45]

    On 12 August 2021, Mr Singh filed a further notice of motion in Supreme Court Proceedings 2018/278850 seeking various orders, including an order setting aside the decision to refer the notice of motion of 23 July 2021 to the Duty Judge. The notice of motion purported to name various non-parties as respondents to the motion, including: the person who had appeared as counsel for the defendants on 28 July 2021; the defendants’ solicitor; the Secretary of the Department of Communities and Justice; a Registrar of this Court; and the State Crown Solicitor.

46. [46]

    On the same date, Mr Singh filed an affidavit made by him on 9 August 2021, which contains various serious allegations, including:

47. [47]

    On 26 August 2021, Adamson J heard the notices of motion filed by the defendant on 13 July 2021 and 12 August 2021, and by the defendants on 23 July 2021, delivering judgment on 30 August 2021. Adamson J found for the defendants, declaring that proceedings 2018/278850 were stayed by operation of s 60(2) of the Bankruptcy Act and that the plaintiff had no standing to file and move on the notices of motion of 13 July 2021 and 12 August 2021, and dismissed them: [2021] NSWSC 1093. Her Honour reviewed the history of Mr Singh’s obligation to pay costs, which culminated in bankruptcy proceedings:

48. [48]

    Mr Singh submitted that, although he was a bankrupt, the proceedings were not stayed by s 60 of the Bankruptcy Act, because:

49. [49]

    Section 60(2) and (3) of the Bankruptcy Act provided:

50. [50]

    Her Honour rejected Mr Singh’s grounds, stating in relation to the second ground:

51. [51]

    Her Honour concluded:

52. [52]

    The plaintiff submitted that the defendant’s application made on 17 August 2018 for leave to appeal to the Supreme Court from Principal Member Harrowell’s decision of 18 April 2018 refusing leave to appeal from timetabling orders made by Tribunal Member Simon, was a vexatious proceeding within the meaning of s 6(a), (c) and (d) of the Act, for six reasons.

53. [53]

    First, it was pursued without reasonable grounds and lacked any utility, in circumstances where the procedural directions to which it ultimately related had been superseded by subsequent events. There was no basis for alleging appealable error on the part of Principal Member Harrowell.

54. [54]

    Second, the attempts to institute appeals by way of notices of motion of 21 January and 8 February 2019, themselves constituted abuses of process and the institution of vexatious proceedings.

55. [55]

    Third, the application for a review of the Registrar’s decision to reject those notices of motion for filing itself lacked reasonable grounds and constituted vexatious proceedings. There was no proper ground for challenging the correctness of the Registrar’s decision.

56. [56]

    Fourth, the notice of motion seeking to appeal from the orders of Harrison AsJ on 26 April 2019 was conducted in a way that caused unreasonable delay. Mr Singh failed to prosecute the notice of motion at all.

57. [57]

    Fifth, the affidavit filed on 13 July 2021 contained various scandalous and irrelevant allegations. In Bahonko v Nurses Board of Victoria [2008] FCAFC 29 at [10], Gyles, Stone and Buchanan JJ said:

58. [58]

    Sixth, Mr Singh sought to relitigate before Adamson J the validity of the bankruptcy notices, which was a matter already determined in the Federal Court.

59. [59]

    It is apparent from the transcript of the directions hearing on 6 March 2018 [4] that the setting of the timetable by Member Simon was a routine function. One of the directions was that Mr Singh file any material in support of his application within 14 days. Immediately after it was set, Member Simon asked: “Any comments or questions?” to which the defendant replied: “No ma’am”.

60. [60]

    The decision by Principal Member Harrowell on 18 April 2018 to refuse leave to appeal the timetable direction was clearly reasoned and did not disclose any apparent error, as observed by Adamson J at [31] above. However, the final hearing of the matter was determined on the basis of Mr Singh’s status as a bankrupt rather than on the merits of his application before he acquired that status.

61. [61]

    Given his relatively limited litigation history at the time of that application and his absence of legal representation, although it was ill-advised and likely had no prospects of success, I am inclined to the view that the filing does not come within any of the categories of s 6 of the Act. I am also not satisfied by the outline of the history by Adamson J in [2021] NSWSC 1093 at [6]-[15], of Mr Singh’s appeal against the determination by Harrison AsJ, that he failed to prosecute his appeal with due diligence.

62. [62]

    I take a different view of Mr Singh’s attempt to relitigate the bankruptcy argument before her Honour, which in my view, falls within s 6(c) of the Act. Mr Singh’s notice of motion filed on 25 February 2019, seeking a review of Registrar Bradford’s decision of 12 February 2019, is also a vexatious proceeding pursuant to s 6(c) of the Act, since there was no basis for concluding that the Registrar fell into error in his determination, as noted by Schmidt J in dismissing Mr Singh’s application.

63. [63]

    As noted above at [29], the evidence in Mr Singh’s substantive application in relation to Tribunal Proceedings COM 17/53297 was heard over three days in July and on 26 October 2018 before Senior Member Goldstein: see [2018] NSWSC 1817 at [18]. As observed in Singh v Khan (Civil and Administrative Tribunal (NSW), 20 May 2019, unrep) at [158], on 31 October 2018, Senior Member Goldstein made an order in Tribunal Proceedings COM 18/39312 (31 October 2018 Interim Order):

64. [64]

    On 14 November 2018, Mr Singh applied in Tribunal Proceedings COM 18/39312 for a stay of the 31 October 2018 Interim Order until further order: see Singh v Fobupu Pty Ltd [2019] NSWCATAP 34 at [5]-[6] (“[2019] NSWCATAP 34”). That application was dismissed on 27 November 2018.

65. [65]

    Mr Singh commenced an internal appeal in the Tribunal (Tribunal Proceedings AP 18/52044) against the 31 October 2018 Interim Order and the dismissal of his application of 14 November 2018: see [2019] NSWCATAP 34 at [7]. On 14 December 2018, the Appeal Panel made orders staying the 31 October 2018 Interim Orders and replacing them with an alternate interim order (14 December 2018 Orders) on condition that monies on account of rent were to be paid into the trust account of Fobupu’s solicitors: [2019] NSWCATAP 34 at [12].

66. [66]

    On 1 February 2019, the Appeal Panel, constituted by Principal Member Harrowell, made orders dissolving the 14 December 2018 Orders, which had the effect of lifting the stay of the 31 October 2018 Interim Order: [2019] NSWCATAP 34. It was common ground that Mr Singh had not paid monies on account of rent into the trust account of Fobupu’s solicitors: [2019] NSWCATAP 34 at [24]. Mr Singh had raised a complaint about the form of tax invoices that had been issued which were headed “Fobupu No 2 as the trustee for the Khan Family Trust No 2 ABN 702 604 095 93”: [2019] NSWCATAP 34 at [32]. Mr Singh also asserted a right of set-off in the amounts of $470,000 and $360,000: [2019] NSWCATAP 34 at [37]. The $470,000 figure was said to reflect an amount which Mr Singh ought to have withheld under taxation legislation from the $1 million he had paid to Fobupu in cash on account of rent in the absence of a valid tax invoice: [2019] NSWCATAP 34 at [37]. Principal Member Harrowell rejected Mr Singh’s submissions, being the set-off submission; the submission that there was a lawful excuse for not complying with his obligation to comply with an order to pay rent; the submission that the Tribunal lacked jurisdiction because of the pendency of proceedings in the Supreme Court, and that the form of the invoices raised a federal matter that was outside the jurisdiction of the Tribunal.

67. [67]

    On 27 February 2019, Senior Member Goldstein made an order that Mr Singh surrender possession to Fobupu of two shops in the Kingswood retail premises: see Singh v Khan (Civil and Administrative Tribunal (NSW), 20 May 2019, unrep) at [159].

68. [68]

    At 6pm on the same date, Mr Singh made an oral application to Button J as the Common Law duty judge, seeking to quash or set aside the orders made by Senior Member Goldstein that day. Button J dismissed the application: see Singh v Khan [2019] NSWCA 196 at [20].

69. [69]

    On 1 May 2019, an Appeal Panel of the Tribunal refused Mr Singh leave to appeal from the 31 October 2018 Interim Order: Singh v Fobupu Pty Ltd [2019] NSWCATAP 111.

70. [70]

    On 11 June 2019, Mr Singh filed a summons in the Court of Appeal commencing Court of Appeal Proceedings 2019/142353 seeking leave to appeal from Button J’s decision of 27 February 2019. On 22 July 2019, the Court of Appeal dismissed the summons: Singh v Khan [2019] NSWCA 196. White JA (with whom McCallum JA, as her Honour then was, agreed) said:

71. [71]

    The plaintiff contended that Mr Singh’s application for leave to appeal from Button J’s decision of 27 February 2019 lacked reasonable grounds and was thus vexatious pursuant to s 6(c) of the Act.

72. [72]

    It is apparent from the judgment of White JA, McCallum JA agreeing, that Mr Singh’s application wholly lacked merit, to a point that the bases of it were unarguable. I find that it was a vexatious proceeding pursuant to s 6(c) of the Act.

73. [73]

    On 27 February 2019, which was the same date as the orders made by Senior Member Goldstein and Mr Singh’s oral application to Button J to quash or set aside those orders, Mr Singh commenced an internal appeal in respect of Senior Member Goldstein’s orders (Tribunal Proceedings AP 19/09967): see Singh v Fobupu Pty Ltd [2019] NSWCATAP 111 at [20]-[21].

74. [74]

    On 20 May 2019, Senior Member Goldstein dismissed Mr Singh’s application in Tribunal Proceedings COM 17/53297: Singh v Khan (Civil and Administrative Tribunal (NSW), 20 May 2019, unrep). Senior Member Goldstein also ordered Mr Singh to pay the respondents’ costs of an application that Mr Singh had made to amend his points of claim. Senior Member Goldstein found that the lease of the Kingswood retail premises came to an end upon the deregistration of Anmol and that no further lease was entered into with Mr Singh, albeit that Mr Singh (or his companies) remained in possession of the premises.

75. [75]

    On 17 June 2019, Mr Singh commenced an internal appeal in the Tribunal in relation to Senior Member Goldstein’s decision of 20 May 2019 (Tribunal Proceedings AP 19/28114): see Singh v Fobupu Pty Ltd; Singh v Khan [2020] NSWCATAP 11 at [20].

76. [76]

    On 21 January 2020, an Appeal Panel constituted by Principal Member Harrowell and Senior Member Robertson dismissed the internal appeals from Senior Member Goldstein’s decisions of 27 February 2019 and 20 May 2019 and ordered Mr Singh to pay the respondents’ costs: Singh v Fobupu Pty Ltd; Singh v Khan [2020] NSWCATAP 11 (“[2020] NSWCATAP 11”). The Appeal Panel did, however, find that Mr Singh was a lessee of the premises from Fobupu, pursuant to an oral agreement formed in about October 2015: [2020] NSWCATAP 11 at [119]-[131].

77. [77]

    Mr Singh sought to challenge the 27 February 2019 decision by relitigating the issues concerning tax invoices that had been rejected by Button J and by the Court of Appeal. The Appeal Panel found that it was bound by the Court of Appeal’s determination of those issues, and that Mr Singh was subject to an issue estoppel or Anshun estoppel: [2020] NSWCATAP 11 at [145]-[157]. The Appeal Panel also found that the “the grounds of appeal and the submissions made have no merit”: [2020] NSWCATAP 11 at [158]-[161]. The Appeal Panel was satisfied that costs should be ordered, partly because “various issues were sought to be re-litigated despite there being decisions of the Supreme Court resolving those issues”: [2020] NSWCATAP 11 at [211].

78. [78]

    The plaintiff submitted that these proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act, since they reagitated the arguments and status of Fobupu as trustee which Button J and the Court of Appeal had been found to be unmeritorious.

79. [79]

    There can be no doubt that by the time Mr Singh commenced these proceedings, he was aware that their bases had been rejected by the Court of Appeal. By pressing the same arguments again, in my view, the proceedings come within s 6(c) and (d) of the Act and constitute an abuse of process pursuant to s 6(a), as well.

80. [80]

    On 31 October 2019, Mr Singh was served with a bankruptcy notice. On 20 November 2019, he filed an application in the Federal Court commencing Federal Court Proceedings NSD 1916/2019, naming Fobupu as the respondent, seeking orders setting aside the bankruptcy notice (BN246870) issued by an Official Receiver on 16 October 2019 on application by Fobupu as creditor.

81. [81]

    On 29 January 2020, Mr Singh filed a further application in the Federal Court commencing Federal Court Proceedings (NSD 96/2020), naming Ghulam Khan, Samina Khan and Fobupu as respondents to the proceedings. By his application, Mr Singh sought orders setting aside a second bankruptcy notice (BN247914) issued by an Official Receiver on 9 December 2019. The background to that bankruptcy notice was canvassed by Adamson J in [16]-[20] of her Honour’s judgment in [2021] NSWSC 1093 extracted at [47], above.

82. [82]

    On 5 May 2020, Federal Court Proceedings NSD 1916/2019 and NSD 96/2020 were heard together by Gleeson J. Her Honour delivered judgment on 25 June 2020: Singh v Fobupu Pty Ltd, in the matter of Singh [2020] FCA 886 (“[2020] FCA 886”). At the hearing, Fobupu elected not to pursue BN246870, with the result that Proceeding NSD1916/2019 was otiose and was dismissed: [2020] FCA 886 [5]. Mr Singh challenged the validity of BN2497914 on the basis that:

83. [83]

    Gleeson J addressed and rejected each of Mr Singh’s arguments, at [21]-[79]. Her Honour noted, at [71]-[73], that certain of Mr Singh’s submissions repeated the misconception that had been addressed by the Court of Appeal in Singh v Khan [2019] NSWCA 196 as to a trust not being a separate legal entity. Her Honour concluded that “Mr Singh’s set-off/counter-claim has no prospects of success”: [2020] FCA 886 at [45].

84. [84]

    On 20 July 2020, Mr Singh filed a notice of appeal in relation to Gleeson J’s decision, commencing Federal Court Proceedings NSD 788/2020.

85. [85]

    On 3 February 2021, the Full Court of the Federal Court heard and dismissed the appeal brought by Mr Singh from Gleeson J’s decision: Singh v Fobupu Pty Ltd, in the matter of Singh [2021] FCAFC 14. The Court noted, at [43], that Mr Singh had again sought to re-litigate an allegation as to Fobupu being a separate entity from a trust of which it was trustee:

86. [86]

    The plaintiff submitted that the proceedings before Gleeson J and the Full Court of the Federal Court were vexatious within the meaning of s 6(a), (c) and (d) of the Act, insofar as they sought to relitigate the arguments concerning the status of Fobupu as trustee which lacked merit for reasons explained by the Court of Appeal.

87. [87]

    I find that the proceedings before Gleeson J and before the Full Court of the Federal Court were vexatious within the meaning of s 6(a), (c) and (d) of the Act for the reason advanced by the plaintiff.

88. [88]

    On 29 December 2020, Mr Singh filed an originating application and statement of claim in the Federal Court, naming Ghulam Khan, Samina Khan and Fobupu as respondents (Federal Court Proceedings NSD 1392/2020). Mr Singh claimed the sum of $470,000, being the amount alleged to have been overpaid by Mr Singh to the respondents.

89. [89]

    On 24 February 2021, Stewart J struck out the statement of claim: Singh v Khan [2021] FCA 140. His Honour noted, at [10], that the statement of claim did not disclose a reasonable cause of action against each respondent, and at [20] that:

90. [90]

    On 29 March 2021, Mr Singh filed a further statement of claim in the same proceedings. On 3 May 2021, Mr Singh filed an outline of submissions in those proceedings, in which he referred to a submission made by the respondents’ counsel that the statement of claim did not make allegations as against the first and second respondents. Mr Singh made an allegation, at [5], that counsel’s submission “appeared to be a lie” and at [8], that there were “lots of instances [of lying] in NCAT and Supreme Court of NSW as far as [the counsel and the solicitor for the respondents] is Concerned”.

91. [91]

    On 5 May 2021, Stewart J made orders striking out the statement of claim filed on 29 March 2021, dismissing the proceeding as against the first and second respondents, and giving Mr Singh leave to file a new statement of claim by 31 May 2021 to plead a “money had and received” claim: Singh v Khan (No 2) [2021] FCA 463. His Honour noted, at [8], that the “set-off” cause of action pleaded was untenable and, at [9]-[12], that there was no reasonable cause of action as against the first and second respondents.

92. [92]

    On 1 June 2021, Mr Singh filed an interlocutory application in the proceedings seeking that Stewart J disqualify himself on the grounds of actual bias and perception of bias. The submissions following the application referred to various matters that did not appear to relate to the orders sought and did not otherwise make sense.

93. [93]

    The proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act. The statements of claim filed did not disclose viable causes of action and included inappropriate material, and the submissions in support made baseless allegations of the respondents’ legal representatives having lied, which constituted an abuse of the Court’s processes.

94. [94]

    The interlocutory application that Stewart J disqualify himself on the grounds of actual and apprehended bias itself constituted vexatious proceedings and the supporting submissions accompanying the application did not identify any sensible basis for the application and lacked any reasonable grounds.

95. [95]

    I am satisfied that the proceedings were vexatious pursuant to s 6(c) and (d) of the Act. The statements of claim did not disclose viable causes of action despite repeated opportunities to rectify that situation and, together with the submissions in support, included inappropriate material. The application for disqualification advanced no proper or reasonable discernible basis for the propositions of apprehended or actual bias.

96. [96]

    On 26 July 2021, Keshvanand Lekhwar and Vinita Lekhwar commenced proceedings in the Tribunal against Mr Singh and his wife, Kiranjit Kaur (Tribunal Proceedings RT 21/32134). The proceedings related to a residential tenancy agreement which had been entered by Mr Singh and Ms Kaur as tenants on 27 July 2020 in relation to a property at Jamison Rd, Kingswood (the Jamison Rd property). Mr and Mrs Lekhwar purchased the property on 7 April 2021, with the intention of living in it upon the cessation of the tenancy. On 23 June 2021, Mr and Mrs Lekhwar served a termination notice requiring Mr Singh and Ms Kaur to give vacant possession of the premises on 26 July 2021 at the conclusion of the residential tenancy agreement. Mr Singh and Ms Kaur did not give up possession and various different proceedings were subsequently commenced in the Tribunal. The history of the various proceedings in the Tribunal is set out in Lekhwar v Singh [2022] NSWCATCD 108 at [3]-[52]. Mr Singh commenced various proceedings in this Court seeking to appeal from or review decisions of the Tribunal.

97. [97]

    On 6 September 2021, Mr Singh filed a summons commencing Supreme Court Proceedings 2021/255522, in which he sought to set aside a decision of 24 August 2021 of General Member Pirina not to recuse herself for apprehension of bias in Tribunal proceedings in relation to the Jamison Rd property. The summons named General Member Pirina, the Secretary of the Department of Communities and Justice and the “President of NCAT” as the third, fourth and fifth defendants.

98. [98]

    On 14 September 2021, Beech-Jones J, as his Honour then was, made directions that the third, fourth and fifth defendants to the summons in Supreme Court Proceedings 2021/255522 be removed and replaced by the Tribunal: see Singh v State of NSW; Singh v Lekhwar [2021] NSWCA 260 at [2].

99. [99]

    On 1 October 2021, Rothman J dismissed Mr Singh’s summons in Supreme Court Proceedings NSW 2021/255522: Singh v Lekhwar (Supreme Court (NSW), 1 October 2021, unrep). His Honour noted that one of Mr Singh’s complaints was that the Tribunal had allowed service by post. His Honour said, at [6]:

100. [100]

     As to the two aspects of the proceedings which were contended to disclose bias, his Honour held, at [17], that “Neither one of those aspects comes close to the proposition of an apprehension of bias and could not arguably be associated with an apprehension of bias”. Mr Singh was ordered to pay the defendant’s costs, if any, on an indemnity basis.

101. [101]

     The plaintiff submitted that the proceedings were vexatious within the meaning of s 6(c) of the Act, as they were instituted and pursued without reasonable grounds.

102. [102]

     I am satisfied that the proceedings were vexatious within the meaning of s 6(c) of the Act, because they were instituted and pursued without reasonable grounds.

103. [103]

     On 23 September 2021, Mr Singh filed a summons in the Court of Appeal commencing Court of Appeal Proceedings 2021/271771. Mr Singh sought to set aside Beech-Jones J’s decision of 14 September 2021. The grounds relied upon included “Failure to properly exercise discretion by ‘acting under the dictation’ of [the Secretary of the Department of Communities and Justice], [the President of NCAT], Christina Pirina”. In addition to the five respondents to Supreme Court Proceedings 2021/22522, the summons named Beech-Jones J as the sixth respondent.

104. [104]

     On 1 October 2021, Mr Singh filed a further summons in the Court of Appeal seeking to set aside Rothman J’s decision of the same day, commencing Court of Appeal Proceedings 2021/282536.

105. [105]

     On 10 October 2021, Mr Singh filed submissions in Court of Appeal Proceedings 2021/271771. Those submissions contained statements, including:

106. [106]

     On 18 October 2021, Leeming JA dismissed the summonses in Court of Appeal Proceedings 2021/271771 and 2021/282536: Singh v State of NSW; Singh v Lekhwar [2021] NSWCA 260. His Honour held, at [7], that the decisions, being decisions of judges of the Supreme Court exercising judicial functions, were not amenable to judicial review. Leeming JA noted, at [15], that Mr Singh had made unfounded allegations of bias and misfeasance:

107. [107]

     His Honour referred to Mr Singh’s obstinacy:

108. [108]

     The plaintiff submits that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act, as they were instituted and pursued without reasonable grounds.

109. [109]

     I am satisfied that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act. Mr Singh unnecessarily wasted the Court’s resources with his filings and made allegations of public misfeasance with no proper basis to do so.

110. [110]

     On 16 October 2019, judgment was entered in Fairfield Local Court in favour of Fobupu, Ghulam Khan and Samina Khan against Mr Singh in the amount of $1,591.00 arising out of a lump sum costs order made on 24 September 2019: see Singh v Secretary, Department of Communities and Justice [2022] NSWSC 78 at [1] (“[2022] NSWSC 78”). That judgment was based on a certificate issued under s 78 of the CAT Act by the then Principal Registrar of the Tribunal: see Singh v Gleeson [2023] NSWSC 629 at [11].

111. [111]

     On 17 October 2019, judgment was entered in Fairfield Local Court in the amount of $26,551.98 in favour of Fobupu, Ghulam Khan and Samina Khan, being the sum of two costs certificates issued by the Manager, Costs Assessment under ss 70 and 71 of the Legal Profession Uniform Law Application Act 2014 (NSW): see [2021] NSWSC 1093, at [16]-[17].

112. [112]

     On 16 March 2020, Mr Singh filed a notice of motion in the Local Court seeking to have the Local Court judgments against him set aside. On 9 April 2020, that notice of motion was dismissed: see [2021] NSWSC 1093 at [18].

113. [113]

     On 4 May 2021, Mr Singh applied to the Manager, Costs Assessment for review of the costs certificates on which the 17 October 2019 Local Court judgment was based: see Singh v Khan [2021] NSWSC 1093 at [19].

114. [114]

     On 11 May 2021, the solicitor for Fobupu, Ghulam Khan and Samina Khan (the landlords’ solicitor) wrote to the Manager, Costs Assessment, copying in Mr Singh and Mr Singh’s trustees in bankruptcy, noting the sequestration order that had been made on 6 May 2021 and the effect of s 60 of the Bankruptcy Act 1966 (Cth).

115. [115]

     On 13 May 2021 (although misdated 2020), the Manager, Costs Assessment wrote to Mr Singh, the landlords’ solicitor and the trustees in bankruptcy. The letter stated that:

116. [116]

     On 13 May 2021, one of Mr Singh’s trustees in bankruptcy wrote to the Manager, Costs Assessment indicating that the application to review the costs certificates was stayed under s 60 of the Bankruptcy Act and that the trustees were considering their position in respect of the application.

117. [117]

     On 8 June 2021, one of Mr Singh’s trustees in bankruptcy wrote to the Manager, Costs Assessment to indicate that the application to review the costs certificates had been deemed to be abandoned under s 60(3) of the Bankruptcy Act.

118. [118]

     On 10 June 2021, the Manager, Costs Assessment wrote to Mr Singh, the landlords’ solicitor, and Mr Singh’s trustees in bankruptcy, indicating that he could not proceed with the review application “given Mr Singh does not seem to have standing to pursue it himself and, as it has been abandoned under the Bankruptcy Act”.

119. [119]

     On 10 August 2021, Mr Singh filed a summons in this Court commencing Supreme Court Proceedings 2021/227850. By his summons, Mr Singh sought to have the Manager, Costs Assessment’s “decision” of 13 May 2021 set aside. The grounds included denial of procedural fairness, exercise of “unavailable discretion by ‘acting under the dictation’ of a third party”, and exercise of “Judicial Power vested in Commonwealth Federal Court”. The summons named seven defendants, including the Secretary, Department of Communities and Justice, the defendants’ solicitor, and Mr Singh’s trustees in bankruptcy.

120. [120]

     On 5 November 2021, Mr Singh filed submissions in Supreme Court Proceedings 2021/227850. Those submissions include various allegations that the respondent’s counsel and solicitor were lying.

121. [121]

     On 10 February 2022, Davies J made orders and delivered reasons in Supreme Court Proceedings 2021/227850 declaring that Mr Singh had no standing to commence or maintain the proceedings and dismissing the proceedings with costs under r 13.4: [2022] NSWSC 78. Davies J held that, following the sequestration order, Mr Singh did not have a reasonable cause of action and his “claim for judicial review must necessarily fail”: [2022] NSWSC 78 at [26]. Davies J also noted that the respondent’s solicitor, the Secretary of the Department of Communities and Justice and the trustees in bankruptcy ought not to have been joined to the proceedings.

122. [122]

     On 15 February 2022, Mr Singh filed a Notice of Appeal in the Federal Court commencing Federal Court Proceedings NSD92/2022. By his Notice of Appeal, Mr Singh sought to appeal from Davies J’s judgment of 10 February 2022 in Supreme Court Proceedings 2021/227850. The grounds of appeal included that:

123. [123]

     The plaintiff submitted that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act. Mr Singh filed submissions in the proceeding making serious and unsubstantiated allegations of dishonesty on the part of legal practitioners; he had no standing to commence the proceedings; and joined parties who, on any view, should not have been joined.

124. [124]

     I am satisfied that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act for the reasons submitted by the plaintiff.

125. [125]

     Following the orders made by Stewart J on 5 May 2021 referred to at [91] above, on 6 May 2021, Judge Street in the Federal Circuit Court made a sequestration order against the estate of Mr Singh on the application of Ghulam Khan, Samina Khan and Fobupu as creditors: Khan v Singh [2021] FCCA 950.

126. [126]

     On 24 May 2021, Mr Singh filed a Notice of Appeal in the Federal Court from Judge Street’s sequestration order that Adamson J referred to at [23] of her Honour’s judgment in [2021] NSWSC 1093 extracted at [47], above, thus commencing Federal Court Proceedings NSD 465/2021. On 4 October 2021, he filed submissions in the same proceedings, which contained various allegations, including:

127. [127]

     On 11 November 2021, Mr Singh filed an interlocutory application and affidavit in Federal Court Proceedings NSD 465/2021, applying for further evidence to be received on appeal. The affidavit contains various scandalous and/or irrelevant allegations, including that:

128. [128]

     On 15 October 2021, Bromwich J conducted a case management hearing of two matters, being Mr Singh’s application for leave to appeal from the decision of Stewart J and his appeal from the decision of Street J. Mr Singh appeared by telephone. It is apparent from the transcript of the hearing that Mr Singh had not complied with an order to file submissions by 1 October 2021, and instead proposed to rely upon what he had written in his original application for leave to appeal, which he described as 29 paragraphs. Bromwich J allowed Mr Singh to rely upon that document as his submissions.

129. [129]

     On 3 February 2022, Mr Singh filed an interlocutory application in Federal Court Proceedings NSD 465/2021 seeking an order that Bromwich J disqualify himself from the matter “on the ground of actual bias”. On the same day, Mr Singh filed an affidavit and written submissions. The affidavit, at (4)-(5), refers to correspondence with the Federal Court in which Mr Singh had sought an audio recording of a hearing before Bromwich J so as to demonstrate his Honour’s tone of voice:

130. [130]

     Mr Singh’s written submissions of 3 February 2022 includes various allegations, for example:

131. [131]

     On 7 February 2022, Bromwich J dismissed Mr Singh’s interlocutory application of 3 February 2022 in Federal Court Proceedings NSD 465/2021.

132. [132]

     On 16 February 2022, Mr Singh sought to file an interlocutory application in Federal Court Proceedings NSD 465/2021 (although dated 16 Feb 2021) seeking a declaration that the respondents had not complied with s 78 of the CAT Act in relation to a costs order made in Tribunal proceedings AP 18/15303 and that Mr Singh’s bankruptcy be annulled.

133. [133]

     On 18 February 2022, Bromwich J directed that the interlocutory application not be accepted for filing on the grounds that the relief sought was original jurisdiction relief, not appellate jurisdiction relief.

134. [134]

     On 8 and 9 April 2022, Mr Singh wrote multiple letters to Bromwich J in relation to Federal Court Proceedings NSD 465/2021. The content of the letters includes allegations of corruption and other demeaning and insulting statements, as well as a threat to commence legal action against his Honour personally.

135. [135]

     On 20 April 2022, Mr Singh filed an application for special leave to appeal in the High Court (High Court Proceedings S54/2022). By his application, Mr Singh sought leave to appeal from Bromwich J’s decision of 7 February 2022 in NSD 465/2021. The special leave application contains various allegations, including the statement:

136. [136]

     On 3 February 2023, Colvin J heard Mr Singh’s appeal in Federal Court Proceedings NSD 465/2021 from the sequestration order made by Judge Street. His Honour delivered judgment on 10 February 2023: Singh v Khan [2023] FCA 76. While his Honour accepted, at [49], Mr Singh’s submission that Judge Street’s reasons were inadequate, his Honour otherwise found, at [52], that “none of the contentions advanced by Mr Singh in the appeal have any merit” and dismissed Mr Singh’s appeal. Those contentions included repeated contentions about Fobupu’s status as a trustee and the set-off alleged by Mr Singh (see at [56] and [61]). Colvin J summarised Mr Singh’s oral submissions, noting, at [24]:

137. [137]

     His Honour also noted, at [43], that Mr Singh had made “general assertions about influence and impropriety and fraud” which were “not addressed because there was no recognisable basis articulated for those claims”.

138. [138]

     On 1 February 2023, Mr Singh filed written submissions in Federal Court Proceedings NSD 465/2021 which accused counsel for the respondents of knowingly making false submissions and telling “lies” about an omission from an affidavit.

139. [139]

     The plaintiff submitted that Mr Singh’s interlocutory application of 11 November 2021 and the affidavit accompanying it constituted vexatious proceedings within the meaning of s 6(a) of the Act. Similarly, Mr Singh’s conduct of the proceedings, including his correspondence with the Federal Court Justice was abusive and vexatious.

140. [140]

     Further, that the contentions advanced by Mr Singh in the appeal lacked any merit and repeated contentions about Fobupu’s status as a trustee that had already been decided against Mr Singh on several occasions, so that the proceedings lacked reasonable grounds and was thus vexatious pursuant to s 6(c) of the Act.

141. [141]

     I am satisfied that the proceedings commenced by the notice of appeal filed on 24 May 2021, with a supporting affidavit filed on 4 October 2021, and the interlocutory application and affidavit filed on 11 November 2021, and conduct of the proceedings, including Mr Singh’s correspondence with the Federal Court Justice, constituted vexatious proceedings within the meaning of each of the four categories of s 6 of the Act. The allegations made against various individuals were irrelevant and could only achieve a wrongful purpose, regardless of Mr Singh’s actual intention or motive.

142. [142]

     On 18 November 2021, Mr Singh filed a statement of claim in this Court commencing Supreme Court Proceedings 2021/328613. Mr Singh named Senior Member Charles as first defendant and Mrs and Mr Lekhwar as the second and third defendants. By his statement of claim, Mr Singh sought, among other things, damages from the Senior Member Charles for fraud, intentional infliction of emotional distress and “public malficence [sic]”. The statement of claim, at (11), alleged that Senior Member Charles “exercised the power knowing that he was acting in excess of power with the intention to cause harm to the plaintiff”.

143. [143]

     On 14 March 2022, Mr Singh filed submissions in Supreme Court Proceedings 2021/328613 concerning directions that had been made by Registrar Jones on 3 February 2022 as to the service of submissions and listing the matter for hearing. Mr Singh’s submission contained statements including, at (4), that:

144. [144]

     On the same date, Mr Singh sent an email to a solicitor employed in the Crown Solicitor’s Office which suggested that Mr Singh may have a claim against the solicitor or her supervisor.

145. [145]

     On 21 March 2022, Mr Singh filed further submissions in the proceedings that again contained concerning statements, including that:

146. [146]

     On 28 March 2022, Mr Singh filed a notice of motion in Supreme Court Proceedings 2021/328613. By the notice of motion, Mr Singh purported to seek summary judgment, a declaration that counsel for Senior Member Charles had breached the Bar Rules, and a declaration that a solicitor in the Crown Solicitor’s Office had breached the Solicitors’ Conduct Rules.

147. [147]

     On 10 June 2022, Garling J dismissed Mr Singh’s statement of claim as against Senior Member Charles in Supreme Court Proceedings 2021/328613: Singh v Charles [2022] NSWSC 743. His Honour noted, at [19], that Mr Singh made it clear that the allegations against Senior Member Charles arose from conduct in the course of a hearing before the Tribunal. Garling J concluded, at [40]-[41], that:

148. [148]

     On 23 March 2023, Mr Singh sent an email to the chambers of Garling J in relation to Supreme Court Proceedings 2021/328613. The email stated that Mr Singh had lodged a Court Attendance Notice with the Local Court, which he proposed to serve on Justice Garling.

149. [149]

     On 18 May 2023, Beech-Jones CJ at CL (as his Honour then was) dealt with several of the proceedings commenced by Mr Singh: Singh v Sharma; Singh v Energy Services Management Pty Ltd t/as Glow Power; Singh v Harrowell; Singh v Cavanagh; Singh v Tidball; Singh v Street [2023] NSWSC 551 (“[2023] NSWSC 551”). His Honour, at [12]-[16], stood over Supreme Court Proceedings 2021/328613 to 1 June 2023 for the parties to show cause as to why the proceedings should not be dismissed for want of prosecution.

150. [150]

     On 1 June 2023, Beech-Jones CJ at CL dismissed Supreme Court Proceedings 2021/328613 on the basis that none of the parties had appeared and it was “self-evident that the proceedings have been reduced to a point where none of the remaining active parties are prepared to take any further step”: Singh v Charles [2023] NSWSC 623 at [8].

151. [151]

     The plaintiff submitted that the proceedings were vexatious within the terms of s 6(a), (c) and (d) of the Act, since the claims advanced lacked reasonable grounds in circumstances where the defendants enjoyed immunity from civil liability; various documents made scandalous and baseless allegations of impropriety; Mr Singh sought declaratory relief as to breach of professional obligations by non-party lawyers by way of a notice of motion; and the notice of motion was an abuse of process which also constituted vexatious proceedings. Further, Mr Singh’s correspondence to the Crown Solicitor’s Office in which he threatened proceedings against an opposing solicitor was improper.

152. [152]

     For the reasons submitted by the plaintiff, I am satisfied that these proceedings were vexatious, on the basis of s 6(a), (c) and (d) of the Act.

153. [153]

     On 27 January 2022, Mr Singh filed a statement of claim in this Court commencing Supreme Court Proceedings 2022/24560, in which he named 16 defendants and made various scandalous allegations in respect of them in connection with the Tribunal and Supreme Court proceedings relating to the Kingswood retail premises, including (without being exhaustive):

154. [154]

     On 17 March 2022, Supreme Court Proceedings 2022/24560 were discontinued.

155. [155]

     This proceeding was not the subject of submissions by the plaintiff, but I am satisfied that it was a vexatious proceeding pursuant to s 6(a) of the Act.

156. [156]

     On 28 January 2022, Mr Singh filed a statement of claim in this Court commencing Supreme Court Proceedings 2022/24794, in which he named 17 defendants and made allegations which were substantially similar to those made in the statement of claim filed the preceding day.

157. [157]

     On 16 June 2022, Mr Singh filed written submissions in Supreme Court Proceedings 2022/24794. The submissions included concerning statements including, at (10):

158. [158]

     On 25 July 2022, Mr Singh filed an affidavit in Supreme Court Proceedings 2022/24794. The affidavit contained various concerning statements, for example:

159. [159]

     On 14 February 2023, Mr Singh sent long emails to this Court in relation to Supreme Court Proceedings 2022/24794. The emails contain various allegations of racial discrimination against Mr Singh on the part of Justice Colvin and counsel.

160. [160]

     On 24 April 2023, Kunc J delivered reasons in relation to Supreme Court Proceedings 2022/24794: Singh v Harrowell & Ors [2023] NSWSC 420 (“[2023] NSWSC 420”). His Honour ordered that the proceedings be permanently stayed and recommended that the Attorney General consider an application for a vexatious proceedings order against Mr Singh. Kunc J permanently stayed the proceedings on the basis that the allegations made were hopeless, and the proceedings “vexatious and oppressive”, in circumstances where:

161. [161]

     The plaintiff submitted that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act. The allegations made were scandalous and baseless. Mr Singh had no right to bring the actions claimed due to his bankruptcy, the pleadings were inadequate or sought to relitigate past disputes, and many of the defendants were subject to immunity. The submissions filed by Mr Singh on 16 June 2022 were threatening and grossly inappropriate. The affidavit filed by Mr Singh on 25 July 2022 was similarly threatening and inappropriate and Mr Singh’s correspondence with the Court on 14 February 2023 included various scandalous and inappropriate allegations.

162. [162]

     For the reasons advanced by the plaintiff, I am satisfied that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act.

163. [163]

     On 22 March 2022, Mr Singh filed a statement of claim in this Court commencing Supreme Court Proceedings 2022/82479. The statement of claim named as defendants a solicitor who represented the Lekhwars in Tribunal proceedings, a solicitor said to have responsibility for supervising the Lekhwars’ solicitor, the business name of the law practice at which those two solicitors practised), Mr and Mrs Lekhwar, and Tribunal Registrar Gainsford-Holland. The statement of claim sought various relief, including declarations that the named solicitors were not fit and proper persons to practice law. Mr Singh also sought damages for “Collateral Abuse of process and intentional infliction of emotional distress, civil conspiracy, constructive fraud and unlawful interference in contractual right to possession” of the Jamison Rd property. The allegations in the statement of claim related to the conduct of proceedings before the Tribunal concerning the Jamison Rd property.

164. [164]

     On 23 March 2023, McNaughton J summarily dismissed part of the statement of claim in Supreme Court Proceedings 2022/82479 and struck out the balance of the claim: Singh v Carroll & Ors [2023] NSWSC 245. Her Honour held, at [6], that the so-called “Property Claims” should be “summarily dismissed on the basis they are incompetent and thus an abuse of process” because of Mr Singh’s bankruptcy. In relation to the balance of the claims (for infliction of emotional distress and misfeasance in public office), her Honour found, at [72], that they did not disclose a reasonable cause of action.

165. [165]

     The plaintiff submitted that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act for the reasons identified by McNaughton J. Most of the claims were incompetent and therefore an abuse of process because of Mr Singh’s bankruptcy. The balance of the claims did not disclose a reasonable cause of action.

166. [166]

     For the reasons advanced by the plaintiff, I find that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act.

167. [167]

     On 2 May 2022, Mr Singh filed a summons in this Court commencing Supreme Court Proceedings 2022/133947. The summons named various individuals, a company and the NSW Fair Trading Commissioner as defendants, and sought various relief concerning premises at Elizabeth Crescent in Kingswood (the Elizabeth Cr property). He also sought declarations that the first and second defendants were not fit and proper persons to be real estate agents, and an order that the Commissioner review their eligibility pursuant to the Property and Stock Agents Act 2002 (NSW).

168. [168]

     On 24 March 2023, Beech-Jones CJ at CL dismissed the proceedings on the grounds that they were an abuse of process, and sought to re-agitate the factual merits of first-instance decisions of the Tribunal in circumstances where those decisions had been affirmed on appeal: at [23]-[32]: Singh v Singh; Singh v RCMO Pty Limited; Singh v Sharma; Singh v Murphy; Singh v Armstrong; Singh v Tidball [2023] NSWSC 280 (“[2023] NSWSC 280”).

169. [169]

     The plaintiff submitted that the proceedings were vexatious within the meaning of s 6(a) and (d) of the Act for the reasons identified by Beech-Jones CJ at CL in [2023] NSWSC 280 at [23]-[32].

170. [170]

     I am satisfied that the proceedings were vexatious pursuant to s 6(a) and (d) of the Act for those reasons.

171. [171]

     On 23 May 2022, Mr Singh filed a summons in this Court commencing Supreme Court Proceedings 2022/148604. The summons named Mr and Mrs Lekhwar and the Tribunal as defendants. By his summons, Mr Singh sought to appeal from a decision of an Appeal Panel of the Tribunal of 16 May 2022 in relation to the Jamison Rd property: Singh v Lekhwar [2022] NSWCATAP 158. The grounds stated in the summons are incoherent.

172. [172]

     On 7 June 2022, Mr Singh filed a notice of motion in Supreme Court Proceedings 2022/148604, seeking that various decisions and orders in the Tribunal be stayed and that the Tribunal be restrained from hearing specified proceedings. On 8 June 2022, Mr Singh filed written submissions in support of his notice of motion. Those submission contain various concerning statements including that:

173. [173]

     On 20 September 2022, Mr Singh filed an affidavit in Supreme Court Proceedings 2022/148604, in which he suggested, at (11), that “the role of those involved in these court cases against me cannot be ruled out if my death occur in manner which is unnatural or suspicious”.

174. [174]

     On 26 October 2022, Supreme Court Proceedings 2022/148604 were dismissed in default of attendance under r 13.6. of the UCPR.

175. [175]

     The plaintiff submitted that the proceedings were vexatious within the meaning of s 6(a) and (d) of the Act as an abuse of process. The submissions filed by Mr Singh on 8 June 2022 were scandalous and threatening, as was the affidavit of 20 September 2022, which suggested that parties to the proceedings might be plotting violence against Mr Singh.

176. [176]

     I am satisfied that that the proceedings were vexatious within the meaning of s 6(a) and (d) of the Act for the reasons submitted by the plaintiff.

177. [177]

     On 24 June 2022, Mr Singh filed a summons in this Court commencing Supreme Court Proceedings 2022/184500. He sought to appeal a decision of the Tribunal of 15 June 2022, declarations that the Tribunal had no jurisdiction to hear various proceedings concerning the Elizabeth Cr property, a declaration that the CAT Act is inconsistent with the law of the Commonwealth and that Principal Member Harrowell and Member Gardener be restrained from any further involvement in the matter.

178. [178]

     On 24 March 2023, Beech-Jones CJ at CL dismissed Supreme Court Proceedings 2022/184500 on the grounds that they were an abuse of process since Mr Singh had sought to re-agitate the factual merits of first-instance decisions of the Tribunal in circumstances where those decisions had been affirmed on appeal: [2023] NSWSC 280 at [23]-[32].

179. [179]

     The plaintiff submitted that the proceedings were vexatious within the meaning of s 6(a) and (d) of the Act for the reasons identified by Beech-Jones CJ at CL in [2023] NSWSC 280.

180. [180]

     I am satisfied that the proceedings were vexatious within the meaning of s 6(a) and (d) of the Act for those reasons.

181. [181]

     On 26 June 2022, Mr Singh filed a statement of claim in this Court commencing Supreme Court Proceedings 2022/185767. Mr Singh named some 21 parties as defendants, including various NSW Police Officers, the Police Commissioner, an energy provider, the State of NSW, the Lekhwars and several members of the Tribunal. The allegations in the statement of claim concerned Mr Singh’s eviction from the Jamison Rd property. The statement of claim contains various baseless and scandalous allegations, including that the State “intentionally allowed this dysfunctional state of administration of justice to prevail where trials are run by NSW Police”.

182. [182]

     On 15 February 2023, Mr Singh sent an email to the Crown Solicitor’s Office in relation to Supreme Court Proceedings 2022/185767. In his email, Mr Singh threatened to sue the Crown Solicitor and various employed solicitors.

183. [183]

     On 24 March 2023, Beech-Jones CJ at CL dismissed Supreme Court Proceedings 2022/185767 as against the Tribunal member defendants and the registrar on the basis of judicial immunity: [2023] NSWSC 280 at [75]. The police officer defendants were removed as they ought not to have been joined to the proceedings by reason of s 9B of the Law Reform (Vicarious Liability) Act 1983 (NSW). The statement of claim was otherwise struck out as embarrassing: [2023] NSWSC 280 at [73]-[75].

184. [184]

     On 18 May 2023, Beech-Jones CJ at CL dismissed Supreme Court Proceedings 2022/185767 as against Ms Kaur on the basis that she had taken no steps to replead or pursue the claims advanced in her name in the proceeding: [2023] NSWSC 551 at [2]-[5].

185. [185]

     The plaintiff submitted that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act for the reasons identified by Beech-Jones CJ at CL in [2023] NSWSC 280. Various of the defendants were immune from the claims brought and the claim was otherwise embarrassing. Further, Mr Singh’s correspondence of 15 February 2023 threatening to sue the Crown Solicitor or her employed solicitors was harassing and improper.

186. [186]

     I am satisfied that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act, for the reasons submitted by the plaintiff.

187. [187]

     On 5 July 2022, Mr Singh filed a statement of claim in this Court commencing Supreme Court Proceedings 2022/196452. The statement of claim named seven defendants, including various individuals, a company, Tribunal Member Gardener and Tribunal Registrar Gainsford-Holland. By the statement of claim, Mr Singh sought to advance various claims including for intentional infliction of emotional distress and misfeasance in public office in relation to the Elizabeth Cr property and the Tribunal proceedings concerning them.

188. [188]

     On 27 October 2022, Mr Singh filed a notice of motion in Supreme Court Proceedings 2022/196452 seeking that proceedings and processes in the Tribunal and the Sheriff’s Office in relation to the Elizabeth Cr property be stayed.

189. [189]

     On 24 March 2023, Beech-Jones CJ at CL struck out the statement of claim in Supreme Court Proceedings 2022/196452 on the grounds that it was “clearly embarrassing” and did not “come close to pleading the material facts necessary to establish the causes of action identified in the prayers for relief”: [2023] NSWSC 280 at [34] The proceedings as against Member Gardner were dismissed on the basis of his statutory immunity: [2023] NSWSC 280 at [42]. The proceedings against Registrar Gainsford-Holland were dismissed on the basis that she enjoyed derivative immunity and that no cause of action was pleaded against her at all: [2023] NSWSC 280 at [43], [51].

190. [190]

     On 18 May 2023, Beech-Jones CJ at CL dismissed Supreme Court Proceedings 2022/196452 on the basis that Ms Kaur had taken no steps to replead or pursue the claims advanced in her name in the proceeding: [2023] NSWSC 551 at [2]-[5].

191. [191]

     The plaintiff submitted that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act for the reasons identified by Beech-Jones CJ at CL in [2023] NSWSC 280. Various of the defendants enjoyed immunity and the claims made were otherwise embarrassing.

192. [192]

     I am satisfied that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act, for the reasons submitted by the plaintiff.

193. [193]

     On 21 August 2022, Mr Singh filed a statement of claim in this Court commencing Supreme Court Proceedings 2022/247788. Mr Singh named Judge Street, Justice Bromwich and Registrar Bellach as defendants. The statement of claim sought exemplary damages and compensatory damages for intentional infliction of harm and misfeasance in public office. The statement of claim contained allegations including that:

194. [194]

     On 4 October 2022, Mr Singh filed submissions in Supreme Court Proceedings 2022/247788. The submissions contain various scandalous matters, including statements that:

195. [195]

     On 18 May 2023, Beech-Jones CJ at CL dismissed Supreme Court Proceedings 2022/247788 on the grounds that the first two defendants had judicial immunity, the “[t]he pleading does not properly articulate any cause of action against anyone, including the third defendant” and “[g]iven its generally vexatious nature, there is no reason whatsoever to allow liberty to re-plead”: [2023] NSWSC 551 at [17]-[23].

196. [196]

     The plaintiff submitted that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act for the reasons identified by Beech-Jones CJ at CL in [2023] NSWSC 551. The pleading did not properly articulate a cause of action against anyone, two of the defendants had judicial immunity and the pleading was otherwise vexatious. As well, both the statement of claim and the submission contained various scandalous and improper statements.

197. [197]

     I am satisfied that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act, for the reasons submitted by the plaintiff.

198. [198]

     On 1 November 2022, Mr Singh filed a statement of claim in this Court commencing Supreme Court Proceedings 2022/32586. The statement of claim named 12 defendants, including the President of NCAT, various other Tribunal Members, Registrar Riznyczok, Mr and Mrs Sharma, a solicitor for the Sharmas, Neil Lawyers and the State of New South Wales. The statement of claim sought damages for misfeasance in public office, negligence and collateral abuse of process in relation to the conduct of proceedings in the Tribunal concerning the Elizabeth Cr property.

199. [199]

     On 1 November 2022, Mr Singh sent a further threatening email addressed to Tribunal Member Thode attaching the statement of claim. The email read:

200. [200]

     On 1 November 2022, Mr Singh sent an email addressed to Tribunal Members Rosser and Titterton attaching the statement of claim in Supreme Court Proceedings 2022/32586. The email is threatening in its tone and includes statements that:

201. [201]

     On 24 March 2023, Beech-Jones CJ at CL dismissed the amended statement of claim in Supreme Court Proceedings 2022/32586 as against Armstrong J, Tribunal Members, and Registrar Riznyczok on the basis that they enjoyed immunity from the claims asserted. The claim in negligence against Armstrong J was found to be “manifestly hopeless”. No real case was pleaded against any of the other defendants and the proceedings against them were also dismissed: [2023] NSWSC 280 at [61]. [63].

202. [202]

     The plaintiff submitted that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act for the reasons identified by Beech-Jones CJ at CL in [2023] NSWSC 280. Various of the defendants enjoyed immunity from the claims asserted and no real case was pleaded as against the other defendants. Mr Singh’s correspondence of 1 November 2022 directed to Members of the Tribunal was threatening and grossly inappropriate.

203. [203]

     I am satisfied that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act, for the reasons submitted by the plaintiff.

204. [204]

     On 17 November 2022, Mr Singh filed a summons in this Court commencing Supreme Court Proceedings 2022/346122. The summons named the Secretary of the Department of Communities and Justice, the Sheriff of New South Wales, Mr and Mrs Sharma and the Tribunal as defendants. The summons sought relief quashing orders of the Tribunal, restraining the Tribunal from issuing a warrant for possession of the Elizabeth Cr property and the Sheriff from enforcing such warrants.

205. [205]

     On 8 February 2023, Cavanagh J dismissed Supreme Court Proceedings 2022/346122 under r 13.4 of the UCPR: Singh v Tidball [2023] NSWSC 96 (“[2023] NSWSC 96”). In the course of the hearing, his Honour dismissed an application that he disqualify himself on the grounds of apprehended bias: see [2023] NSWSC 96 at [25]-[26]. Cavanagh J concluded, at [50], that the proceedings “are an abuse of process” as they “serve no utility”. His Honour noted, at [54], that Mr Singh did not have standing to bring the proceedings and, at [57], that various of the defendants had been inappropriately joined.

206. [206]

     On 16 February 2023, Mr Singh sent five emails to Justice Cavanagh’s chambers asserting various “lies” in the judgment delivered on 8 February 2023.

207. [207]

     On 2 March 2023, Mr Singh filed an amended summons in Supreme Court Proceedings 2022/346122, notwithstanding the fact that those proceedings had been dismissed by Cavanagh J on 8 February 2023.

208. [208]

     The plaintiff submitted that the proceedings were vexatious within the meaning of s 6(a) and (d) of the Act as an abuse of process for the reasons articulated by Cavanagh J in [2023] NSWSC 96. The attempt to file an amended summons in proceedings that had already been dismissed was a further abuse of process.

209. [209]

     I am satisfied that the proceedings were vexatious within the meaning of s 6(a) and (d) of the Act, for the reasons submitted by the plaintiff.

210. [210]

     On 30 January 2023, Mr Singh filed a statement of claim in this Court commencing Supreme Court Proceedings 2023/30478. Mr Singh named six defendants to the proceedings, being Justice Jaqueline Gleeson, “Official Receiver Australian Financial Services Authority”, Anzer Khan, Jeremy Mackenzie, Elliot Hyde, and Tribunal Registrar Szczygielski. The relief claimed included:

211. [211]

     The statement of claim contains various scandalous and grossly offensive allegations including:

212. [212]

     On 11 February 2023, Mr Singh filed an amended statement of claim in Supreme Court Proceedings 2023/30478. By his amendments, Mr Singh sought to join Justice Colvin, Prime Minister Albanese, and former Premier Perrottet as the seventh, eighth and ninth defendants. Mr Singh sought damages from Justice Colvin for misfeasance in public office, declaratory relief concerning the constitutionality of provisions of the CAT Act and Bankruptcy Act, declaratory relief concerning the International Covenant on Civil and Political Rights and International Convention on the Elimination of All Forms of Racial Discrimination and damages “as a result of facing racial discrimination in Federal Court”. Mr Singh alleged that Justice Colvin had acted with malice, dishonestly and an intent to harm him. For example, Mr Singh stated that his Honour:

213. [213]

     On 18 May 2023, Garling J summarily dismissed Supreme Court Proceedings 2023/30478: Singh v Gleeson [2023] NSWSC 629 (“[2023] NSWSC 629”). His Honour held that the claims against Justices Gleeson and Colvin “cannot possibly succeed” by reason of their judicial immunity for acts done in their judicial capacity: [2023] NSWSC 629 at [34]-[35]. The claim against the Official Receiver was dismissed on the basis that it was an attempt to relitigate the validity of the bankruptcy notices (which had already been finally determined) and the proceedings were therefore “vexatious, disclose no reasonable cause of action, and constitute an abuse of the process of this Court”: [2023] NSWSC 629 at [41]-[42]. The claim against the third defendant was found to be “vexatious and oppressive” as raising no cause of action known to the law: at [46]. The claims against the fourth and fifth defendants was also found to be “demonstrably hopeless”: at [54]. The proceedings against the sixth defendant were “an abuse of process of the Court and could not possibly succeed”: [2023] NSWSC 629 at [61]. Similar findings were made in respect of the claims against the eighth and ninth defendants: [2023] NSWSC 629 at [65].

214. [214]

     These proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act as an abuse of process for the various reasons identified by Garling J in [2023] NSWSC 629.

215. [215]

     I am satisfied that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act, for the reasons submitted by the plaintiff.

216. [216]

     On 9 February 2023, Mr Singh filed a statement of claim in this Court commencing Supreme Court Proceedings 2023/44063. The statement of claim named Justice Cavanagh, Justice Rothman, the Chief Justice, former Premier Perrottet and Prime Minister Albanese as defendants. Mr Singh included the words “Racist Judge” in the “Your reference” section of the filing details. The statement of claim sought relief in relation to claims that Justices Cavanagh and Rothman had acted dishonestly “in the course of misfeasance in public office” and had violated their judicial oaths, that the Chief Justice “is negligent towards self represented litigants”. The statement of claim made various concerning allegations including:

217. [217]

     On 18 May 2023, Beech-Jones CJ at CL gave summary judgment in Supreme Court Proceedings 2022/44063 in favour of Justices Cavanagh and Rothman and the Chief Justice on the basis that they had immunity from the claims and dismissed the proceedings in respect of former Premier Perrottet and Prime Minister Albanese “given that the pleading is otherwise unintelligible and appears to be vexatious”: [2023] NSWSC 551 at [6]-[11].

218. [218]

     The plaintiff submitted that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act for the reasons articulated by Beech-Jones CJ at CL in [2023] NSWSC 551.

219. [219]

     I am satisfied that the proceedings were vexatious within the meaning of s 6(a), (c) and (d) of the Act, for the reasons submitted by the plaintiff.

220. [220]

     On 2 March 2023, Mr Singh filed a summons in the Court of Appeal commencing Court of Appeal Proceedings 2023/69493. The summons named 13 defendants, including the Secretary of the Department of Communities and Justice, the Sheriff of New South Wales, Mr and Mrs Sharma, the Tribunal and various Tribunal Members. The summons sought to set aside various decisions made by the Tribunal in proceedings concerning the Elizabeth Cr property. The grounds stated in the summons contained various scandalous matters, including:

221. [221]

     On 9 March 2023, Mr Singh sent an email in relation to Supreme Court Proceedings 2023/69493 addressed to Registrar Riznyczok, the Chief Justice, Justice Cavanagh, Registrar Jones, and a solicitor of Wotton & Kearney. The email contained serious allegations including:

222. [222]

     Also on 1 June 2023, Beech-Jones CJ at CL dismissed Court of Appeal Proceedings 2023/69493 under r 13.4 of the UCPR: Singh v Tidball [2023] NSWSC 613. His Honour found that the proceedings were vexatious, stating:

223. [223]

     The plaintiff submitted that the proceedings were vexatious within the meaning of s 6(a) and (d) of the Act for the reasons articulated by Beech-Jones CJ at CL in Singh v Tidball [2023] NSWSC 614 at [9]-[11] and that Mr Singh’s correspondence of 9 March 2023 was grossly improper, harassing and abusive.

224. [224]

     I am satisfied that the proceedings were vexatious within the meaning of s 6(a) and (d) of the Act, for the reasons submitted by the plaintiff.

225. [225]

     Mr Singh made oral submissions at the hearing by way of a running commentary to a copy of the plaintiff’s written submissions. His submissions were in the form of what I understood to be an explanation of his filings. There was no glimmer of insight into the inappropriateness of his filings, particularly the more scandalous of his filings.

226. [226]

     I have taken into account his closing written submissions, although filed well out of time and thus absent an opportunity for the plaintiff to respond to them. Regrettably, they also suggest his entrenched view of his predicament as being that of a victim to injustice with no realisation that his modus of responding to that belief, by engaging in this form of litigation, is highly inappropriate.

227. [227]

     Various proceedings initiated by Mr Singh have been characterised as having vexatious qualities by Beech-Jones CJ at CL in [2023] NSWSC 280 at [83]-[87], Kunc J in [2023] NSWSC 420 at [4] and [111] and Garling J in [2023] NSWSC 629 at [41]-[42].

228. [228]

     Although the proceedings canvassed in this judgment span only the last seven years, it is apparent that Mr Singh has repeatedly engaged in behaviour that is caught by one or more of the categories in s 6 of the Act, and that there is an acceleration in the frequency and seriousness of those filings.

229. [229]

     An exercise of the discretion made available by s 8(1) of the Act in Mr Singh’s favour is inappropriate in view of the absence of any reasonable basis for concluding that he would not continue to commence and continue proceedings that do not have a reasonable basis or that the scandalous or abusive nature of some of their contents will cease.

230. [230]

     Accordingly, it is appropriate to make an order that Mr Singh be prohibited from instituting proceedings in New South Wales, without leave of this Court.

231. [231]

     As to costs, I note that the nature of a vexatious proceedings application is not punitive: Teoh v Hunters Hill Council (No 8) at [56]. Although I have found in favour of the plaintiff, I decline to make an order for costs.

Orders

1. [232]

   I made the following orders on 26 April 2024:

   1. (1)

      Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008 (NSW) Gurjit Singh is prohibited from instituting proceedings in New South Wales other than with leave of an appropriate court under that Act.