Brian William Shaw v Attorney-General for the State of Victoria

[2013] HCASL 66

BRIAN WILLIAM SHAW

v

ATTORNEY-GENERAL FOR THE STATE OF VICTORIA

[2013] HCASL 66
M114/2012

1. The applicant was declared to be a vexatious litigant on 17 May 2007[1].  In November 2011 he commenced proceedings seeking to have the declaration set aside.  He procured the issue of a number of subpoenas in connection with that application.  Ferguson J set the subpoenas aside as an abuse of process.  On 10 August 2012 Forrest J refused to set aside the vexatious litigant declaration[2].

   [1]Attorney-General for the State of Victoria v Shaw [2007] VSC 148.

   [2]Attorney-General for the State of Victoria v Shaw [2012] VSC 334.

2. On 1 November 2012 the Court of Appeal of the Supreme Court of Victoria (Warren CJ and Bongiorno JA) dismissed an application for leave to appeal from the orders of Ferguson J setting aside the subpoenas.  Warren CJ characterised the proposed grounds of appeal as "nonsensical" and "reflective of the very matters that led to his declaration as a vexatious litigant in the first place". 

3. The applicant seeks special leave to appeal.  Nothing in the incoherent material filed in support of the application calls into question the correctness of the order below. 

4. The application is dismissed.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
8 May 2013 S.J. Gageler