Cooper v Mbuzi (No 2)

[2012] QSC 152

SUPREME COURT OF QUEENSLAND

CITATION:

Cooper v Mbuzi (No 2) [2012] QSC 152

PARTIES:

GREGORY R COOPER
(applicant)
v
JOSIYAS ZIFANANA MBUZI
(respondent) 

FILE NO:

BS7491 of 2011

DIVISION:

Trial Division

PROCEEDING:

Application

DELIVERED ON:

13 June 2012

DELIVERED AT:

Brisbane

HEARING DATE:

Application determined on the papers

JUDGE:

Mullins J

ORDER:

1.   Pursuant to s 6(2)(a) of the Vexatious Proceedings Act 2005, proceeding BS9129 of 2011 (Mbuzi v Redlich) commenced in the Supreme Court of Queensland by the respondent is stayed.

2.   The issue of costs of the application on the papers is adjourned to a date to be fixed.

3.   A copy of this order must also be filed in proceeding BS9129 of 2011 (Mbuzi v Redlich).

CATCHWORDS:

PROCEDURE – MISCELLANEOUS PROCEDURAL MATTER – VEXATIOUS LITIGANTS AND PROCEEDINGS – whether vexatious proceedings order should be made against the respondent under Vexatious Proceedings Act 2005 (Qld)

Vexatious Proceedings Act 2005, s 6

Griffith University v Tang (2005) 221 CLR 99, considered

SOLICITORS:

G R Cooper Crown Solicitor for the applicant
The respondent appeared in person

1. In this proceeding I published my reasons on 24 April 2012 for making a declaration pursuant to s 6(1)(a) of the Vexatious Proceedings Act 2005 (the Act) that the respondent is a person who has frequently instituted or conducted vexatious proceedings in Australia and for orders pursuant to s 6(2)(a) and (b) of the Act: Cooper v Mbuzi [2012] QSC 105 (the reasons).

1. Paragraph 5 of the orders made on 24 April 2012 was in the following terms: 

“It is directed that:

(a) within 7 days of the date of which these reasons are published the applicant may give notice in writing to the respondent whether he seeks an order pursuant to s 6(2)(a) of the Act staying proceeding BS9129 of 2011 (Mbuzi v Redlich) and, if so, identify the affidavits and submissions that     have been filed in any proceeding that are relied on for seeking the order;

(b) if such notice is given, within 21 days of the date on which these reasons are published the respondent may file and serve on the applicant any affidavit that he wishes to rely on that are not yet filed in any proceeding and any submissions that he wishes to make on whether proceeding BS9129 of 2011 should be stayed pursuant to s 6(2)(a) of the Act and identifying the affidavits and submissions relied on;

(c)    within 7 days of the service of the respondent’s submissions, the applicant may file and serve on the respondent any submissions in response;

(d) unless either party in the written submissions requests a hearing, or a hearing before a judge other than Mullins J, the issue of whether proceeding BS9129 of 2011 should be stayed pursuant to s 6(2)(a) of the Act will be determined on the papers.”

1. As contemplated by paragraph 5(a) of the orders, the Crown Solicitor sent a letter by post on 30 April 2012 addressed to the respondent’s address…