SUPREME COURT OF QUEENSLAND
CITATION: | Lohe v Tait [2002] QSC 399 |
PARTIES: | CONRAD WILHELM LOHE |
FILE NO: | S5757/02 |
DIVISION: | Trial Division |
PROCEEDING: | Application |
DELIVERED ON: | 4 December 2002 |
DELIVERED AT: | Brisbane |
HEARING DATES: | 13, 19 August 2002 |
JUDGE: | Wilson J |
ORDERS: | 1. That William Peter Tait be declared a vexatious litigant pursuant to s 3 of the Vexatious Litigants Act 1981 (Qld); 2. That the applications for decisions on the papers without oral hearings filed by the respondent on 12 July 2002 and 5 August 2002 be dismissed |
CATCHWORDS: | PROCEDURE – SUPREME COURT PROCEDURE – application for declaration that respondent is a vexatious litigant – whether circumstances justify a declaration – whether “vexatious” proceedings instituted “frequently” and “without reasonable grounds” PROCEDURE – SUPREME COURT PROCEDURE – ]URSIDICTION AND GENERALLY – where application brought in Brisbane rather than Townsville – where Supreme Court in Brisbane has jurisdiction to deal with the application – whether the proceedings should be transferred to Townsville – consideration of factors that need to be taken into account in deciding whether proceedings should be transferred to another registry PROCEDURE – SUPREME COURT PROCEDURE – where respondent filed applications for decisions without oral hearings – where requirements for service were not met – whether applications could be dealt with by the Court Judiciary Act 1903 (Cth), s. 78B Attorney-General (NSW) v West NSW Common Law Division No 16208 of 1982, 19 November 1992, mentioned |
COUNSEL: | P J Flanagan for the applicant |
SOLICITORS: | The Crown Solicitor for the applicant |
WILSON J: There are three applications before the Court, all in proceeding S5757/02:
(i) originating application by Conrad Wilhelm Lohe (the Crown Solicitor) filed on 25 June 2002 that William Peter Tait be declared a vexatious litigant pursuant to s 3 of the Vexatious Litigants Act 1981;
(ii) application by Mr Tait filed on 12 July 2002 proposing decisions without an oral hearing - principally that the Crown Solicitor’s application be struck out and service set aside, and directions including that the Crown Solicitor’s application be transferred to Townsville;
(iii) further application by Mr Tait filed on 5 August 2002 for a decision without an oral hearing - seeking orders…
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- AGLC
- Lohe v Tait [2002] QSC 399
- Case
- [2002] QSC 399
- Decision Date
CaseChat Overview and Summary
The court had to decide several key legal issues. Firstly, whether Tait's actions amounted to vexatious litigation as defined by the Vexatious Litigants Act 1981 (Qld). Secondly, whether the Supreme Court in Brisbane had the jurisdiction to hear the application and whether the proceedings should be transferred to Townsville. Thirdly, whether Tait's applications for decisions without oral hearings could be considered despite the non-compliance with service requirements. Finally, whether the court could proceed with the hearing given Tait's unconstitutionality claims without supporting submissions or evidence.
The court found that Tait's actions did indeed constitute vexatious litigation as he had instituted proceedings frequently and without reasonable grounds. It was determined that the Supreme Court in Brisbane had the jurisdiction to hear the application and that the proceedings should remain in Brisbane. The court ruled that Tait's applications for decisions without oral hearings could be dealt with, despite the non-compliance with service requirements. The court also proceeded with the hearing despite Tait's unconstitutionality claims, as he did not provide any evidence or submissions to support these claims. The court made the necessary declaration and dismissed Tait's applications.
Orders
Orders of the court
1. That William Peter Tait be declared a vexatious litigant pursuant to s 3 of the Vexatious Litigants Act 1981 (Qld);
2. That the applications for decisions on the papers without oral hearings filed by the respondent on 12 July 2002 and 5 August 2002 be dismissed
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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