Horvath v Lander & Rogers and Ors

[2001] VSC 476

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

PRACTICE COURT

No. 7902 of 2001

GABOR HORVATH SENIOR	Plaintiff
v
LANDER & ROGERS AND OTHERS	Defendant

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JUDGE:	BEACH, J
WHERE HELD:	Melbourne
DATE OF HEARING:	3 December 2001
DATE OF JUDGMENT:	3 December 2001
CASE MAY BE CITED AS:	Horvath v. Lander & Rogers
MEDIUM NEUTRAL CITATION:	[2001] VSC 476

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CATCHWORDS:

Vexatious litigant – abuse of process of court – Proceeding disclosing no sensible cause of action – Dismissal of proceeding.

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APPEARANCES:	Counsel	Solicitors
For the Plaintiff	In person
For the Defendant	Mr D. Christie	Lander & Rogers

HIS HONOUR:

1. On 10 October 2001, Gabor Horvath Senior filed a writ in the court naming as defendants Lander & Rogers, which is a firm of solicitors practising in Melbourne, and G. McKenzie and Steven John Macchi who, as I understand it, are members of the firm.

1. By the writ Mr Horvath seeks to recover a total sum of $35,250,000 from the defendants.

1. As best one can judge from his statement of claim, his cause of action is based upon some form of conspiracy said to have been engaged in by the defendants.  At all events, the claim relates to some long-running litigation in which Mr Horvath has been involved concerning a financial transaction he, his wife and son entered into many years ago with the Commonwealth Bank of Australia.

1. On 27 April 1999 Weinberg, J. of the Federal Court had cause to deal with one of Mr Horvath's proceedings against the Commonwealth Bank or persons associated with it.  In delivering his judgment that day, His Honour said:    

"Mr Horvath has now been told on many occasions that his litigation with the bank is at an end.  He has refused to accept that this is so.  He has habitually and persistently returned to this court at considerable expense to the Trustee in Bankruptcy and the bank to re-agitate essentially the same points albeit under notionally different guises.  The time has come, in my opinion, to put an end to this abuse of process.  Mr Horvath has made it plain that unless some action is taken he will continue to return to this court seeking to raise yet again the same matters which have on so many occasions been determined against him".

1. The Trustee in Bankruptcy referred to in His Honour's reasons was Mr Horvath and his wife's own Trustee in Bankruptcy, they having been declared bankrupt by the Federal Court on 12 February 1997.

1. Mr Justice Weinberg then went on to make the following order against Mr Horvath and his wife:

"Mr Gabor Horvath Senior and Mrs Agota Horvath shall not, without leave of the court, institute in this court any proceeding against Mr Paul A.  Paterson, their Trustee in Bankruptcy, or against the Commonwealth Bank of Australia other than an appeal against this order". 

1. On 9 August 2001, Ashley, J. in this court declared the plaintiff a vexatious litigant and ordered that he not, without the leave of the court, an inferior court or tribunal constituted or presided over by a person who is a barrister or solicitor of the court, continue or commence any legal proceedings in the court, inferior court or tribunal against a number of persons, most of whom I believe were associated with the Commonwealth Bank.  Three of the persons covered by Ashley, J.'s order are named in the fourth, fifth, sixth and seventh paragraphs of the plaintiff's present statement of claim.

1. On 19 November the defendants filed a summons in the court whereby they seek the following orders: 

1.  That the plaintiff's claim be dismissed pursuant to R.23.01 by reason of the matter set out in the affidavit of Gregory James McKenzie sworn 16 November 2001;

2.   That the plaintiff be precluded from issuing any further legal process against the defendants without the prior leave of the court; and

3.  That the plaintiff pay the defendants' costs of the proceeding, including the costs of this application. 

1. I have considered the content of the plaintiff's present statement of claim.  It is clearly vexatious and in my opinion raises no sensible cause of action against the defendants.  Accordingly, I order not merely the statement of claim but the proceeding as such be dismissed.

1. I further order that Gabor Horvath Senior shall not, without the leave of this court, institute in this court any proceeding against Lander & Rogers, Gregory James McKenzie and Steven John Macchi other than an appeal against this order without the leave of the court.

1. I order that the plaintiff pay the defendants' costs of the proceeding, including any reserved costs on a solicitor own client basis.

1. I direct that this order be prepared by the solicitors for the defendants and within 48 hours be brought to me for authentication.