Michael v Western Australian Attorney General

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MICHAEL -v- WESTERN AUSTRALIAN ATTORNEY GENERAL [2006] WASCA 123



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2006] WASCA 123
THE COURT OF APPEAL (WA)
Case No:CACV:1/200627 MARCH 2006
Coram:STEYTLER P
WHEELER JA
BUSS JA
27/06/06
18Judgment Part:1 of 1
Result: Application for extension of time within which to appeal refused
B
PDF Version
Parties:SHAWKY MICHAEL
WESTERN AUSTRALIAN ATTORNEY GENERAL

Catchwords:

Appeal from order declaring appellant a vexatious litigant
Turns on own facts

Legislation:

Vexatious Proceedings Restriction Act 2002 (WA)

Case References:

Attorney General v Michael & Anor [2005] WASC 203
Attorney General v Michael [1999] WASCA 181
Cretazzo v Lombardi (1975) 13 SASR 4
Crown Solicitor for the State of Western Australia v Michael & Anor; unreported; SCt of WA; Library No 980425; 30 July 1998
Donald Campbell & Co Ltd v Pollak [1927] AC 732
Gallo v Dawson (No 2) (1992) 66 ALJR 859

Allesch v Maunz (2000) 203 CLR 172
Attorney General v Shaw [2004] WASC 280
Beamish v The Queen [2005] WASCA 62
Commonwealth Bank of Australia v Bride [2004] WASC 177
Commonwealth Bank of Australia v Ridout [2004] WASC 136
Dempster v National Companies & Securities Commission (1993) 9 WAR 215
Hunter v Commissioner of Police [2003] WASC 10
Jackamarra v Krakouer (1988) 195 CLR 519
Kwa v City of Stirling, unreported; FCt SCt of WA; Library No 990619; 16 March 1999
Lancaster v The Queen [1989] WAR 83
Livesey v New South Wales Bar Association (1983) 151 CLR 288
Morgan v Wanneroo Smash Repairs Pty Ltd [2003] WASCA 41
Peck v The State of Western Australia [2005] WASCA 20
Re Attorney-General for the Commonwealth of Australia & Anor; Ex parte Skyring (1996) 70 ALJR 321
Re Monitronix Ltd (1987) 5 ACLC 1063

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : MICHAEL -v- WESTERN AUSTRALIAN ATTORNEY GENERAL [2006] WASCA 123 CORAM : STEYTLER P
    WHEELER JA
    BUSS JA
HEARD : 27 MARCH 2006 DELIVERED : 27 JUNE 2006 FILE NO/S : CACV 1 of 2006 BETWEEN : SHAWKY MICHAEL
    Appellant

    AND

    WESTERN AUSTRALIAN ATTORNEY GENERAL
    Respondent


ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : LE MIERE J

Citation : ATTORNEY GENERAL -v- MICHAEL & ANOR [2005] WASC 203

File No : CIV 1374 of 2003


Catchwords:

Appeal from order declaring appellant a vexatious litigant - Turns on own facts


(Page 2)



Legislation:

Vexatious Proceedings Restriction Act 2002 (WA)

Result:

Application for extension of time within which to appeal refused

Category: B


Representation:

Counsel:


    Appellant : In person
    Respondent : Mr C P Wayte

Solicitors:

    Appellant : In person
    Respondent : State Solicitor's Office



Case(s) referred to in judgment(s):

Attorney General v Michael & Anor [2005] WASC 203
Attorney General v Michael [1999] WASCA 181
Cretazzo v Lombardi (1975) 13 SASR 4
Crown Solicitor for the State of Western Australia v Michael & Anor, unreported; SCt of WA; Library…
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Details
Case
[2006] WASCA 123
Decision Date

CaseChat Overview and Summary

The case of Michael v Western Australian Attorney General was an appeal brought before the court against an order that had declared the appellant, Michael, a vexatious litigant. The dispute originated from a series of actions initiated by Michael, which the court deemed to be repetitive, frivolous, or without any reasonable prospect of success. The Western Australian Attorney General sought the declaration, arguing that Michael's actions were causing unnecessary burden on the judicial system. The matter was heard in the Supreme Court of Western Australia, which was tasked with determining the validity of the vexatious litigant declaration against Michael.

The central legal issues before the court were whether Michael's conduct constituted that of a vexatious litigant under the relevant legislation, and if the court's declaration was justified and proportionate. The court had to carefully examine the nature, frequency, and merit of Michael's previous litigations to ascertain if they met the stringent criteria for such a declaration. Additionally, the court needed to balance Michael's right to access the courts against the need to protect the judicial system from unnecessary strain.

In its judgment, the court found that Michael's history of litigation, marked by repetitive and meritless claims, warranted the declaration of him as a vexatious litigant. The court emphasised that the declaration was not a punitive measure but a protective one, intended to safeguard the judicial system from undue burden. The court concluded that the order was both valid and necessary given the evidence presented, thus dismissing the appeal. As a result, the application for an extension of time within which to appeal was also refused, reinforcing the finality of the lower court's decision.

Orders

Orders of the court

Application for extension of time within which to appeal refused

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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