Conde v Dodo Australia Pty Ltd

Conde sought to institute proceedings against Dodo Australia in the Magistrates Court. The application required leave of the Supreme Court, as Conde had been declared a vexatious litigant under the Vexatious Proceedings Act 2005 (Qld). The court was required to determine whether Conde should be granted leave to commence the proceedings. The court considered Conde's history of vexatious litigation and whether the proposed proceedings against Dodo Australia were frivolous or vexatious. The court also examined whether there were any exceptional circumstances that would warrant leave being granted.

The court examined Conde's previous litigation history and found that Conde had been declared a vexatious litigant on multiple occasions. The court noted that Conde had commenced numerous proceedings against various defendants, many of which were dismissed as frivolous or vexatious. The court also considered the nature of the proposed proceedings against Dodo Australia, which involved allegations of defamation and breach of privacy. The court found that the allegations were speculative and lacked merit, and that the proceedings were likely to be vexatious. The court held that there were no exceptional circumstances that would warrant leave being granted.

Conde's application to institute proceedings against Dodo Australia was dismissed. The court found that Conde's history of vexatious litigation, coupled with the speculative and lacking merit nature of the proposed proceedings, justified the denial of leave. The court held that granting leave would not serve the interests of justice and would only perpetuate Conde's history of vexatious litigation. The court emphasised the importance of protecting defendants from frivolous and vexatious litigation, and upheld the Vexatious Proceedings Act 2005 (Qld) in preventing such conduct.

No further orders were made.