SUPREME COURT OF QUEENSLAND
CITATION: Freeman v National Australia Bank [2006] QCA 329 PARTIES: LYNTON NOEL CHARLES FREEMAN
(plaintiff/appellant)
v
NATIONAL AUSTRALIA BANK LIMITED
ACN 004 044 937
(defendant/respondent)FILE NO/S: Appeal No 219 of 2006
SC No 5438 of 2005DIVISION: Court of Appeal PROCEEDING: General Civil Appeal ORIGINATING
COURT:Supreme Court at Brisbane DELIVERED ON: 1 September 2006 DELIVERED AT: Brisbane HEARING DATE: 21 July 2006 JUDGES: McMurdo P, Jerrard and Holmes JJA
Separate reasons for judgment of each member of the Court,
each concurring as to the orders madeORDER: 1. Appeal dismissed
2. Appellant must pay the respondent’s costs of the appeal
3. Leave granted to parties to make written submissions
within 14 days of the publication of this judgment as to
whether costs should be assessed on the standard or the
indemnity basisCATCHWORDS: PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – JURISDICTION AND GENERALLY – GENERALLY – eight year history of litigation between appellant and respondent – trial judge ordered under r 293 Uniform Civil Procedure Rules 1999 (Qld) that the remaining parts of the appellant’s pleadings be struck out because there was no real prospect of success and there was no need for a further trial – trial judge ordered costs against appellant – whether appellant’s pleadings sought to re-litigate issues decided in prior court proceedings and therefore constituted an abuse of process PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – JURISDICTION AND GENERALLY – GENERALLY – appellant was acquitted of charges of stealing cattle that belonged to the respondent –appellant alleged that an employee of the respondent pressured the police to bring criminal proceedings against the appellant – trial judge held evidence did not establish any complicity by the respondent in the unsuccessful prosecution – trial judge held police had exercised independent discretion in deciding to prosecute the appellant – trial judge held appellant’s claim about malicious prosecution had no prospects of success and struck out the claim – whether the trial judge erred in striking out this claim about malicious prosecution Bankruptcy Act 1966 (Cth), s 58
Uniform Civil Procedure Rules 1999 (Qld), r 668Balson v State of Queensland & Anor (2002) QSC 419; SC
No 6325 of 2001, 12 December 2002, cited
Davis v Gell (1924) 35 CLR 275, considered
D’Orta-Ekenaike v Victoria Legal Aid (2005) 79 ALJR 755;
[2005] HCA 12, followed
NAB v Freeman [2001] QCA 473; Appeal No 9718 of 2000,
2 November 2001, cited
Freeman v NAB [2006] QCA 260; Appeal No 219 of 2006,
18 July 2006, cited
Freeman v National Australia Bank Ltd (unreported, HCA,
Kirby and Heydon JJ, B96 of 2001, 14 March 2003), cited
Ivory v Telstra Corporation Ltd & Anor [2002] QCA 457;
Appeal No 4059 of 2001 and Appeal No 4423 of 2001, 1
November 2002, followed
Mahon v Rahn (No 2) [2000] 1 WLR 2150, cited
National Australia Bank Ltd v Freeman [2000] QSC 295; SC
No 4013 of 1998,…
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- Case
- [2006] QCA 329
- Decision Date
CaseChat Overview and Summary
The court found that Freeman's pleadings did seek to re-litigate issues that had already been decided in prior proceedings, and as such, constituted an abuse of process. The court noted that Freeman had been given multiple opportunities to amend his pleadings and had failed to do so in a manner that avoided re-litigating old issues. The court held that the trial judge was correct to strike out the remaining parts of Freeman's pleadings and order costs against him. The court also found that Freeman's arguments on appeal were without merit and dismissed the appeal. The court further ordered that Freeman pay the respondent's costs of the appeal and granted leave to the parties to make written submissions within 14 days of the publication of the judgment as to whether costs should be assessed on the standard or the indemnity basis.
Orders
Orders of the court
1. Appeal dismissed
2. Appellant must pay the respondent’s costs of the appeal
3. Leave granted to parties to make written submissions
within 14 days of the publication of this judgment as to
whether costs should be assessed on the standard or the
indemnity basis
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.