SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Jorgensen v Wilson (No 2) |
Citation: | [2023] ACTSC 40 |
Hearing Dates: | 13 and 24 February 2023 |
DecisionDate: | 10 March 2023 |
Before: | Mossop J |
Decision: | See [71] |
Catchwords: | PRACTICE AND PROCEDURE – ABUSE OF PROCESSS – Application to strike out or stay proceedings as an abuse of process or otherwise as being frivolous, scandalous, unnecessary, vexatious or disclosing no reasonable cause of action – application to stay proceedings pending payment of costs in earlier proceedings – where plaintiff sought to discontinue proceedings – proceedings lack merit and seek to relitigate matters subject to previous proceedings – proceedings amount to abuse of process – proceedings permanently stayed – costs for the defendants on a solicitor and client basis PRACTICE AND PROCEDURE – VEXATIOUS LITIGANTS – Where defendants seek declaration that the plaintiff be declared a vexatious litigant pursuant to s 67A of the Supreme Court Act 1933 (ACT) – whether plaintiff has frequently instituted or conducted vexatious proceedings – whether plaintiff has sought to relitigate matters already decided – plaintiff declared a vexatious litigant |
Legislation Cited: | Australian Securities and Investments Commission Act 1989 (Cth), s 30 Australian Securities and Investments Commission Act 2001 (Cth) Supreme Court Act 1933 (ACT), s 67A |
Cases Cited: | Ezekiel-Hart v Council of the Law Society of the ACT & Anor [2021] ACTSC 133 Ezekiel-Hart v Reis [2018] ACTSC 264 Williams v Spautz (1992) 174 CLR 509 |
Parties: | Alan Jorgensen ( Plaintiff) Cheryl Wilson ( First Defendant) Graham Ashworth ( Second Defendant) Ailsa Wilson ( Third Defendant) Graeme Donald ( Fourth Defendant) |
Representation: | Counsel Self-represented ( Plaintiff) J R Clarke SC with T Kane ( Defendants) |
| Solicitors Self-represented ( Plaintiff) Ashurst ( Defendants) | |
File Number: | SC 165 of 2022 |
MOSSOP J:
Introduction
The plaintiff, Alan Bradley Jorgensen, has commenced proceedings against four people who he claims were, in 1999, officers of the Australian Securities and Investments Commission (ASIC). The proceedings were commenced by originating application filed on 25 May 2022. The originating application seeks six declarations and an order that ASIC provide third-party discovery of certain matters. The grounds for the application are stated in six paragraphs of the originating application. As the matter was commenced by originating application, no statement of claim was filed with it. The application was supported by an affidavit of Mr Jorgensen dated…
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- AGLC
- Jorgensen v Wilson (No 2) [2023] ACTSC 40
- Case
- [2023] ACTSC 40
- Decision Date
CaseChat Overview and Summary
The court found that the proceedings were an abuse of process because they lacked merit and sought to relitigate matters that had been subject to previous proceedings. The proceedings were also statute-barred, and no standing was identified. The court concluded that the proceedings amounted to an abuse of the court's process and were liable to be permanently stayed. The court further found that Jorgensen had frequently instituted vexatious proceedings and made a declaration that he was a vexatious litigant. The court ordered that Jorgensen pay the defendants' costs on a solicitor and client basis and that any application for gross sum costs be made within 28 days of the date of the orders.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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