Lohe v Gunter

Case [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…

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AGLC
Lohe v Gunter [2003] QSC 150
Case
[2003] QSC 150
Decision Date

CaseChat Overview and Summary

In the matter of Lohe v Gunter, the dispute arose from a series of legal actions initiated by Gunter against Lohe. The case was brought before the Supreme Court of Queensland to determine whether Gunter should be declared a vexatious litigant under section 3 of the Vexatious Litigants Act 1981. The court needed to assess if Gunter had instituted legal proceedings frequently and without reasonable ground, thereby warranting the declaration of being a vexatious litigant.

The primary legal issue the court had to decide was whether Gunter's actions met the statutory criteria for being deemed a vexatious litigant. This required an examination of the frequency and nature of the proceedings initiated by Gunter against Lohe, as well as the grounds or merits of those proceedings. The court considered whether there was an absence of reasonable grounds for instituting the legal actions and if the proceedings were vexatious in nature.

In reaching its decision, the court meticulously reviewed the history of the litigation between the parties. It found that Gunter had repeatedly initiated legal proceedings against Lohe without a substantial basis, leading to the conclusion that Gunter's actions were vexatious. The court determined that the criteria for declaring a vexatious litigant under section 3 of the Act were satisfied, given the persistent and unfounded nature of the legal actions taken by Gunter.

The final orders of the court declared Gunter to be a vexatious litigant, prohibiting him from instituting further legal proceedings against Lohe without the leave of the court. This declaration aims to deter vexatious litigation and protect parties from unfounded and repetitive legal actions.

Orders

Orders of the court

DECLARATION THAT THE RESPONDENT IS A VEXATIOUS LITIGANT.

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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