Full Court Minute Books

Case M114/2017

Rozenblit v. Vainer & Anor

Case No.


Case Information

Lower Court Judgment

17/03/2017 Supreme Court of Victoria (Court of Appeal) (Whelan, Kyrou and McLeish JJA)

[2017] VSCA 52


Procedure – Supreme Court (General Civil Procedure) Rules 2005 (Vic) r 63.03(3) – Access to courts – Impecuniosity – Where appellant made applications to file and serve amended statement of claim – Where applications refused with costs – Where appellant made further application for leave to cure drafting deficiencies – Where associate judge granted leave to file and serve amended statement of claim but ordered proceeding be stayed under r 63.03(3) until appellant paid interlocutory costs orders – Where Court of Appeal dismissed appeal – Whether in circumstances where appellant unable to meet interlocutory costs orders and no finding appellant conducted litigation in manner amounting to harassment or because of collateral purpose, Court of Appeal erred in failing to find not open to associate judge to make order under r 63.06(3) or exercise inherent jurisdiction to stay proceeding.

Short particulars


18/08/2017 Hearing (SLA, Melbourne)

28/08/2017 Notice of appeal

22/09/2017 Written submissions (Appellant)

22/09/2017 Chronology (Appellant)

13/10/2017 Written submissions (Respondent)

09/11/2017 Amended Reply

09/02/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

09/02/2018 Outline of oral argument (Appellant)

09/02/2018 Outline of oral argument (Respondent)

13/06/2018 Judgment (Judgment summary)