Hubner v State of Queensland

The Supreme Court of Queensland heard a case brought by Colin Richard Hubner against the State of Queensland. Hubner sought a declaration, damages, penalties, and an order for the Registrar to file and seal informations in respect of intended prosecutions against certain persons. The State of Queensland applied for the case to be dismissed under Order 22 rule 31 of the Rules of the Supreme Court, arguing that Hubner's pleading did not disclose a cause of action and the proceedings were frivolous and vexatious. The court examined each item of relief sought by Hubner to determine if the court could or should provide such relief.

The court found that Hubner's amended statement of claim did not show any basis for seeking the declaration, as there was no issue in respect of which any declaration could be made. Hubner's claim for damages and exemplary damages was also dismissed, as the court could not conceivably be held liable for the non-performance of a task that was not a function of the court's registry staff. Hubner's pleading was also deficient on its face because no facts were pleaded to establish that there was any breach of the Crimes Act. Finally, the court determined that Hubner's request for an order that the Registrar file and seal informations was mistaken, as it was not within the Registrar's power to do so.

In conclusion, the court found that Hubner's amended statement of claim disclosed no cause of action on the facts pleaded. The action was struck out, and Hubner was ordered to pay the State of Queensland's costs of and incidental to the action.