Mayger v Community Accommodation and Respite Inc (No.2)

In *Mayger v Community Accommodation and Respite Inc (No.2)*, the applicant, Ms Mayger, sought to have the respondent, Community Accommodation and Respite Inc, declared a vexatious litigant. The application was heard in the Supreme Court of Queensland by Judge Heffernan.

The central legal issue before the Court was whether the respondent had engaged in a pattern of litigation that was so manifestly unjust or unreasonable that it ought to be restrained from commencing or continuing legal proceedings without leave of the Court. This required the Court to consider the nature and history of the respondent's previous applications and the impact of those proceedings.

Judge Heffernan found that the respondent had a history of making applications that were repetitive, lacked any reasonable prospect of success, and were pursued in a manner that caused significant distress and expense to the applicant. The Court applied the principles established in cases concerning vexatious litigants, focusing on the need to balance the right of access to the courts with the protection of individuals from the abuse of that process. The Court determined that the respondent's conduct met the threshold for being declared a vexatious litigant.

Consequently, the Court made orders declaring Community Accommodation and Respite Inc a vexatious litigant and prohibiting it from commencing or continuing any legal proceedings in any Australian court without first obtaining leave from the court.