Acquaah-Akuffo & Abioye (No 2)

In *Acquaah-Akuffo & Abioye (No 2)*, the Supreme Court of Queensland considered an application by the respondents for an order that the applicants' notice of appeal be struck out. The dispute arose from a previous judgment of the Court, which had dismissed the applicants' application for an extension of time to appeal against a decision of the Magistrates Court. The respondents sought to strike out the notice of appeal on the grounds that it was frivolous and vexatious, and an abuse of process.

The primary legal issue before the Court was whether the applicants' notice of appeal constituted an abuse of process, warranting its dismissal. This involved determining whether the appeal was so lacking in merit that it could be characterised as frivolous or vexatious, and whether pursuing it would bring the administration of justice into disrepute. The Court also had to consider the principles governing the striking out of appeals in such circumstances.

Justice Gill, applying the principles established in cases such as *Dey v Victorian Railways Commissioners* and *Wentworth v Woollahra Municipal Council*, found that the applicants' proposed grounds of appeal were entirely without merit and that there was no reasonable prospect of success. His Honour concluded that the appeal was frivolous and vexatious, and that its continuation would constitute an abuse of process. Consequently, the Court ordered that the applicants' notice of appeal be struck out.