SUPREME COURT OF QUEENSLAND
CITATION:
Markan v Queensland Police Service [2015] QCA 22
PARTIES:
PETER MARKAN
(appellant)
v
QUEENSLAND POLICE SERVICE
(respondent)FILE NO/S:
Appeal No 6892 of 2014
SC No 4836 of 2014DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
Supreme Court at BrisbaneDELIVERED ON:
27 February 2015
DELIVERED AT:
Brisbane
HEARING DATE:
18 February 2015
JUDGES:
Holmes and Fraser JJA and Jackson J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Appeal dismissed.
2. The appellant pay the respondent’s costs of the appeal assessed on an indemnity basis.
CATCHWORDS:
PROCEDURE – SUPREME COURT PROCEDURE – CONTEMPT, ATTACHMENT AND SEQUESTRATION – SCANDALISING COURTS AND JUDGES – where the appellant alleged three Court of Appeal judges were impersonators and committing human and civil rights abuses – where the appellant sought an investigation and prosecution of three Court of Appeal judges – where the appellant’s claims and relief was struck out – where the appellant appealed against such orders – whether the appellant’s actions constitute contempt
PROCEDURE – SUPREME COURT PROCEDURE – CONTEMPT, ATTACHMENT AND SEQUESTRATION – POWER OF COURT TO PUNISH FOR CONTEMPT – SUPREME COURT – GENERALLY – where the appellant sought extraordinary relief from the respondent’s failure to investigate and prosecute three Court of Appeal judges – whether the trial judge was correct in striking out the appellant’s claims
PROCEDURE – SUPREME COURT PROCEDURE – MISCELLANEOUS PROCEDURAL MATTERS – VEXATIOUS LITIGANTS AND PROCEEDINGS – where the appellant made baseless and scandalous allegations of three Court of Appeal judges – whether the appellant’s claims were frivolous, vexatious or an abuse of process
PROCEDURE – COSTS – DEPARTING FROM THE GENERAL RULE – ORDER FOR COSTS ON INDEMNITY BASIS – where the appellant made baseless and scandalous accusations of three Court of Appeal judges – whether indemnity costs against the appellant are justified
Police Service Administration Act 1990 (Qld), s 2.1, s 4.8
Uniform Civil Procedure Rules 1999 (Qld), r 135(1), r 171, r 389A, r 703(1), r 766(1)(d), r 771
Vexatious Proceedings Act 2005 (Qld), s 5AIG Australia Ltd v Jaques (No 2) [2015] VSCA 3, cited
Batistatos v Roads and Traffic Authority (NSW) (2006) 226 CLR 256; [2006] HCA 27, followed
Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801, followed
Gallagher v Durack (1983) 152 CLR 238; [1983] HCA 2, referred to
Jeffery & Katauskas Pty Ltd v SST Consulting Pty Ltd (2009) 239 CLR 75; [2009] HCA 43, followed
LPD Holdings (Aust) Pty Ltd & Anor v Phillips, Hickey and Toigo& Ors[2013] QCA 305, cited
Markan v Crime and Misconduct Commission[2014] QCA 60, cited
Metropolitan Bank Ltd v Pooley (1885) 10 App Cas 210, cited
Re Glew; Ex parte Attorney-General (WA) [2014] WASC 107, cited
Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34, followedCOUNSEL:
The appellant…
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- Case
- [2015] QCA 22
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the appellant's actions constituted contempt of court. The court had to determine if the appellant's claims and the relief sought were frivolous, vexatious, or an abuse of process. Furthermore, the court needed to decide if the trial judge correctly exercised the court's inherent jurisdiction to strike out the appellant's claims and award costs on an indemnity basis.
The court held that the appellant's claims were baseless and scandalous, constituting an abuse of the court's process. The allegations against the judges were entirely without merit, and the appellant's conduct was seen as an attempt to undermine the integrity of the judicial system. The court found that the trial judge was correct in striking out the appellant's claims and ordering him to pay costs on an indemnity basis due to the nature of the claims and the appellant's conduct.
The appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal assessed on an indemnity basis. This decision reinforced the importance of maintaining the integrity of the judicial system and the court's power to manage and control litigation that is deemed to be an abuse of process.
Orders
Orders of the court
1. Appeal dismissed.
2. The appellant pay the respondent’s costs of the appeal assessed on an indemnity basis.
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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