Brisbane City Council v Mathews

Case

[2006] QSC 25

09/02/2006


Details
AGLC Case Decision Date
Brisbane City Council v Mathews [2006] QSC 25 [2006] QSC 25 09/02/2006

CaseChat Overview and Summary

The case of Brisbane City Council v Mathews was heard in the Supreme Court of Queensland. The Brisbane City Council sought a declaration that Russell Gordon Haig Mathews was a person who frequently instituted or conducted vexatious proceedings in Australia. The Council also sought an order staying certain proceedings pending in the court between the respondent and other defendants, and an order prohibiting the respondent from instituting any proceedings in Queensland against the Council or its employees. The legal issues that the court was required to decide included whether the respondent was a vexatious litigant, and whether the court should grant the orders sought by the Council. The court found that the respondent was a vexatious litigant and granted the orders sought by the Brisbane City Council. The court based its decision on the evidence presented by the Council, which included a set of certified copies of reasons for judgment in cases identified by the Council. The court found that the proceedings brought by the respondent were vexatious due to factors such as the lack of reasonable grounds for the claims, disregard of the court's practices and procedures, and the wastage of public resources and funds. The court also found that the respondent's disability did not excuse his conduct. The court granted the orders sought by the Council, including a declaration that the respondent was a vexatious litigant, an order staying certain proceedings, and an order prohibiting the respondent from instituting any proceedings in Queensland against the Council or its employees. The court also ordered that the respondent pay the Council's costs of the application.
Details

Areas of Law

  • Civil Litigation & Procedure

  • Administrative Law

Legal Concepts

  • Vexatious Proceedings

  • Jurisdiction

  • Res Judicata

  • Abuse of Process

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Most Recent Citation
Mathews v Cooper [2017] QCA 322

Cases Citing This Decision

12

Hambleton v Labaj [2010] QSC 124
Mathews v Cooper [2017] QCA 322
Cases Cited

3

Statutory Material Cited

0

Cooper v Mbuzi [2012] QSC 105