National Australia Bank Ltd v Freeman

SUPREME COURT OF QUEENSLAND

CITATION:

National Australia Bank Ltd v Freeman [2006] QSC 086

PARTIES:

NATIONAL AUSTRALIA BANK LIMITED
ACN 004 044 937
(applicant)
v
LYNTON NOEL CHARLES FREEMAN
(respondent)

FILE NO/S:

BS 2195 of 2006

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

5 May 2006

DELIVERED AT:

Brisbane

HEARING DATE:

31 March 2006

JUDGE:

Muir J

ORDER:

The plaintiff by himself, his servants and agents, be restrained from commencing any new proceedings (apart from an appeal in these proceedings) in any Queensland Court against the applicant, its servants or agents, arising out of or concerning any of the allegations made in proceedings BS 4103 of 1998 at first instance or on appeal, without the prior leave of a judge of the Trial Division of the Supreme Court.

CATCHWORDS:

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – JURISDICTION AND GENERALLY – GENERALLY – where eight year history of litigation between applicant and respondent – where litigation sought to challenge issues finally determined – where applicant seeks order that the respondent be prevented from instituting proceedings against the applicant – whether respondent is a person who has frequently instituted or conducted vexatious proceedings in Australia

Vexatious Proceedings Act 2005 (Qld), s 5, s 6

Bhamjee v Forsdick [2004] 1 WLR 88, applied
Hunter v Chief Constable of the West Midlands Police [1982] 1 AC 529, cited
Hunter v Leahy (1999) 91 FCR 214, cited
Jones v Cusacks (1992) 66 ALJR 815, applied
Moevao v Department of Labour (1980) 1 NZLR 464, cited
Rogers v The Queen (1994) 181 CLR 251, cited
Von Risefer & Ors v Permanent Trustee Co Pty Ltd & Ors [2005] QCA 109, cited

COUNSEL:

I Perkins for the applicant
The respondent appeared on his own behalf

SOLICITORS:

Mallesons Stephen Jaques for the applicant
The respondent appeared on his own behalf

1. By an application filed 15 March 2006, the applicant seeks an order pursuant to the Vexatious Proceedings Act 2005 (Qld) (“the Act”) that the respondent be prevented from instituting proceedings against the applicant, its officers or agents in any Queensland Court without first obtaining leave of the Supreme Court. Other orders are sought in the alternative.

The history of litigation between the applicant and the respondent

1. The applicant first commenced proceedings against the respondent in the Supreme Court (BS4103 of 1998) (“the first proceedings”) claiming moneys alleged to be owing by the respondent to the applicant and seeking recovery of possession of a grazing property over which the respondent had given security in favour of the applicant.

1. The respondent defended the claim and counterclaimed, inter alia, to have set aside a Deed of Mediation dated 4 December 1997, entered into between the applicant and the respondent. The Deed was entered into between the parties at the conclusion of a mediation between them. In it, the respondent released the applicant and its officers and agents from all claims which the respondent might have otherwise had…