National Australia Bank Ltd v Freeman

National Australia Bank Limited, the plaintiff, filed an application against the respondent, Freeman, in the Supreme Court of Queensland. The application arose from an eight-year history of litigation between the parties, which sought to challenge issues that had already been finally determined. The plaintiff sought an order that would prevent the respondent from instituting further proceedings against them. The court was tasked with determining whether the respondent was a person who had frequently instituted or conducted vexatious proceedings in Australia.

The court identified that the primary legal issue was whether the respondent had a history of instituting vexatious proceedings. The court considered the respondent's conduct in the previous litigation and whether it demonstrated a pattern of vexatious behaviour. The court noted the significant duration and volume of the litigation between the parties and the respondent's persistence in pursuing claims that had already been finally determined. This led the court to conclude that the respondent had indeed frequently instituted or conducted vexatious proceedings.

The court granted the plaintiff's application, restraining the respondent from commencing any new proceedings in any Queensland Court against the plaintiff, its servants, or agents, arising out of or concerning any of the allegations made in the proceedings without the prior leave of a judge of the Trial Division of the Supreme Court. This order aimed to prevent the respondent from continuing to pursue vexatious litigation against the plaintiff.