The Applicants brought an Application to have the Respondent declared a vexatious litigant and to impose Court access restrictions. The Applicants further sought a lump sum award of Costs on an enhanced basis in case of success on the Application.

Justice Anderson, under Her Ladyship’s own motion and the Court’s inherent jurisdiction, ordered that the Respondent was a vexatious litigant and imposed certain Court access restrictions. Justice Anderson noted that the Court would prepare the Order, and that the Respondent’s approval as to its form and content was not required pursuant to Rule 9.4(2)(c). 

In the circumstances, Justice Anderson agreed that enhanced Costs were appropriate. Justice Anderson remarked that the successful party in an action is presumptively entitled to Costs under Rule 10.29(1). Justice Anderson found that a factor contributing to enhanced Costs was that the Respondent failed to disclose a lawsuit that was “clearly material”.