Lucy (Xiaoshuang) Lu v Andrew Petrou

[2012] HCASL 2

LUCY (XIAOSHUANG) LU
v
ANDREW PETROU & ORS
[2012] HCASL 2
B52/2011
B53/2011
B54/2011

1. The applicant alleged that the first respondent had stalked and harassed her and that, as a result, she had lost her Chinese medical clinic and suffered psychological and physical injury.  She further alleged that the Queensland Police Service had supported and covered crimes against her and that the Australian Federal Police had collaborated with the Queensland Police Service in these activities.  She brought a proceeding in the Supreme Court of Queensland making these allegations.  By consent, the proceeding was dismissed.

2. Having unsuccessfully sought to have the consent order for dismissal set aside, the applicant commenced a further proceeding in the Supreme Court of Queensland making substantially the same claims and again seeking damages.  That proceeding was struck out by Mullins J for failure to comply with procedures prescribed by the Personal Injuries Proceedings Act 2002 (Q) and as an abuse of process. The applicant then sought orders dispensing with the requirements of the Personal Injuries Proceedings Act but that application was dismissed by Daubney J.

3. On the day on which Daubney J made orders dismissing the last‑mentioned application, the applicant commenced a further proceeding but Philippides J later ordered that that action be stayed permanently and directed that the applicant not start a similar proceeding against any of the respondents without leave of the Court.

4. The Court of Appeal of the Supreme Court of Queensland (Fraser and Chesterman JJA and Margaret Wilson AJA) dismissed the applicant's appeal against the orders of Philippides J and the applicant's applications for extension of time to appeal against the orders of Mullins J and Daubney J.  She now seeks special leave to appeal to this Court against the orders of the Court of Appeal in each matter.

5. There is no reason to doubt the correctness of the conclusions of the Court of Appeal in any of these matters.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the applications.

K.M. Hayne
9 February 2012 S.M. Crennan