Gunter v Queensland Police Service Weapons Licensing Branch

[2013] QCATA 302

CITATION: Gunter v Queensland Police Service Weapons Licensing Branch [2013] QCATA 302

PARTIES:	Mr Richard Stephen Gunter (Applicant)
v
Queensland Police Service Weapons Licensing Branch (Respondent)

APPLICATION NUMBER: APL406-13

MATTER TYPE: Appeals

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: K Cullinane QC, Judicial Member

DELIVERED ON: 30 October 2013

DELIVERED AT: Brisbane

ORDERS MADE: The appeal is dismissed.

CATCHWORDS:

PROCEDURE – MISCELLANEOUS PROCEDURAL MATTERS – VEXATIOUS LITIGANTS AND PROCEEDINGS – where applicant has been declared a vexatious litigant – where s 10 of the Vexatious Proceedings Act 2005 (Qld) provides that vexatious litigants may not institute proceedings in Queensland without leave of the Supreme Court – where Tribunal ordered that the application to review the respondent’s decision would be stayed unless the applicant was granted leave – where leave has not been granted – whether application to review a decision is a proceeding to which s 10 of the Vexatious Proceedings Act 2005 (Qld) applies – whether proceedings must be permanently stayed

Vexatious Proceedings Act 2005 (Qld), s 10

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. This matter involves a purported appeal against an order of the Tribunal in the following terms:

   Unless and until Mr. Richard Gunter has leave of the Supreme Court of Queensland to commence these proceedings in the Tribunal the Application to review a decision is stayed.

2. The Supreme Court of Queensland made an order declaring Mr Gunter a vexatious litigant on 16 April 2003.  The declaration was not limited in any way.

3. Whilst the declaration was made when the relevant legislation in force was the Vexatious Litigants Act 1981 the applicable legislation is the Vexatious Proceedings Act 2005 (the Act) by virtue of s 16 of the latter Act.

4. Section 10(1) of the Act precludes a declared person from instituting proceedings without the consent of the Supreme Court. Proceedings purportedly introduced without such leave are, by virtue of s 10(2) of the Act, permanently stayed. Section 10(3) permits a Court or Tribunal to make a declaration that a purported proceeding is one to which s 10(2) applies. It would in my view permit the making of an order dismissing a purported appeal.

5. The purported proceedings under the Weapons Act 1990 (Qld) before the Tribunal and the purported appeal from the Tribunal are precluded by the Act. The purported proceedings by way of appeal are stayed. The purported appeal is dismissed.