Lohe v Gunter

[2003] QSC 150

SUPREME COURT OF QUEENSLAND

CITATION:

Lohe v Gunter [2003] QSC 150

PARTIES:

CONRAD WILHELM LOHE
(applicant)
RICHARD STEPHEN GUNTER
(respondent)

FILE NO/S:

SC 11734 of 2002

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court Brisbane

DELIVERED ON:

16 April 2003

DELIVERED AT:

Brisbane

HEARING DATE:

28 January 2003

JUDGE:

Holmes J

ORDER:

DECLARATION THAT THE RESPONDENT IS A VEXATIOUS LITIGANT.

CATCHWORDS:

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – JURISDICTION AND GENERALLY – GENERALLY – s3 Vexatious Litigants Act 1981 – whether a person should be declared a vexatious litigant – whether vexatious legal proceedings have been instituted frequently and without reasonable ground

Australia Act 1986 (Cth)
Australia Act 1986 (UK)
Australia Acts (Request) Act 1985
Constitution Act 1867
Constitution (Office of Governor) Act 1987
Currency Act 1965
High Court Rules, O58 r 3
Imperial Acts Interpretation Act 1984
Judiciary Act 1903, s 49
Judicial Review Act 1991, s 12(b)
Justices Act 1886, s 157, s 222
Magistrates Courts Act 1921
Reserve Bank Act 1959
Supreme Court Act 1867, s 21, s 24, s 58
Supreme Court Act 1995, s 200, s 202, s 221
Supreme Court Rules, Form 57, r 81
Vexatious Litigants Act 1981, s3

Carnes v Essenberg & Ors [1999] QCA 339
Cusack v Commissioner of Taxation 2002 ATC 4676
Essenberg v R [2002] QCA 4
Jones v Skyring (1992) 109 ALR 303.
Owen v Deputy Commissioner of Taxation; Full Court of Federal Court unreported QB 132 [1995], 7 November 1995
R v His Honour Judge Noud; ex parte McNamara [1991] 2 Qd R 86
R v Minister for Justice & Attorney-General of Queensland ex parte Skyring Supreme Court of Queensland 17 February 1986 unreported
Re Cameron [1996] 2 Qd R 218
Re Skyring (1994) 68 ALJR 618
Sharples v Arnison [2002] 2 Qd R 444
Skyring v ANZ Banking Group Limited QCA 176 of 1993 (12 May 1994)
Skyring v Crown Solicitor [2001] QSC 350
Skyring v Electoral Commission of Qld & Anor [2001] QSC 080
Stubberfield v Webster [1996] 2 Qd R 211

COUNSEL:

Mr. Flanagan for the Applicant

Respondent in Person

SOLICITORS:

Crown Solicitor for the Applicant

Respondent self-represented

1. The applicant Crown Solicitor has applied to have the respondent, Mr Gunter, declared a vexatious litigant pursuant to s 3 of the Vexatious Litigants Act 1981, which provides:

“If the Supreme Court or a Judge thereof is satisfied that a person has frequently and without reasonable ground instituted vexatious legal proceedings or procured vexatious subpoena, summonses to a witness, warrants or process to be issued or that any other person acting in concert with such a person has without reasonable ground instituted vexatious legal proceedings or procured vexatious subpoena, summonses to a witness, warrants or process to be issued, the Supreme Court or such Judge may after hearing such person and, if the case require it, such other person, or giving him, her or them an opportunity of being heard, by its, his or her order, declare such person and such…