Ramsey v Skyring

Case [1999] FCA 907


FEDERAL COURT OF AUSTRALIA

Ramsey v Skyring [1999] FCA 907

PRACTICE AND PROCEDURE – application by Registrar claiming that the respondent is a vexatious litigant – Federal Court Rules, O 21, r 1 – respondent commenced numerous proceedings in the Court, arguing that the Australian currency is invalid – whether the requirements of O 21, r 1 are satisfied.

WORDS AND PHRASES –‘habitually and persistently’, ‘without any reasonable ground’, ‘vexatious’, ‘ institutes a … proceeding’

Constitution, s 115
Reserve Bank Act 1959 (Cth), s 36(1)
Currency Act 1965 (Cth), s 16
Vexatious Litigants Act 1981 (Qld), s 3
Judiciary Act 1903 (Cth), ss 78B, 86(h)

Supreme Court Act 1970 (NSW), s 84(1)

Vexatious Actions Act 1896 (UK)
Federal Court of Australia Act 1976 (Cth), s 59(1), s 59(2)(l)
Supreme Court of Judicature (Consolidation) Act 1925 (UK), s 51(1)
Acts Interpretation Act 1901 (Cth), s 46(1)(a)

Federal Court Rules, O 1, r 4; O 21, rr 1, 3, 5; O 46, r 7A
High Court Rules, O 58, r 4(3); O 63, r 6(1)

Horvath v Commonwealth Bank of Australia [1999] FCA 504, cited
Jones v Skyring (1992) 66 ALJR 810, followed
In the Matter of the Vexatious Litigants Act, unreported, 5 April 1995, S Ct Qld, cited
Attorney-General v Wentworth (1988) 14 NSWLR 481, followed
Commonwealth Trading Bank v Inglis (1974) 131 CLR 311, cited
Ex parte the Attorney-General; Re Alexander Chaffers (1897) 76 LT 351; 45 WR 365, cited
Re Attorney-General (Cth); Ex parte Skyring (1996) 70 ALJR 321, cited
Re Skyring’s Application (No 2) (1985) 59 ALJR 561, cited
In the Matter of an Application by Alan George Skyring, unreported, 9 July 1985, High Ct, followed
Re Skyring (1994) 68 ALJR 618, cited
Bremer Vulkan Schiffbau Und Maschinenfabrik v South India Shipping Corporation Ltd [1981] AC 909, cited
O’Shea v Cameron, unreported, 5 March 1996, Qld CA, distinguished
Valassis v South Sydney City Council (1996) 92 LGERA 275, cited
Attorney-General for Victoria v Lindsey, unreported, 16 July 1998, Sup Ct Vic, cited
In re Vernazza [1960] 1 QB 197, cited
Hunters Hill Municipal Council v Pedler [1976] 1 NSWLR 478, followed

GRAHAM KINGSLEY RAMSEY in his capacity as DISTRICT REGISTRAR OF THE FEDERAL COURT OF AUSTRALIA, QUEENSLAND DISTRICT REGISTRY v ALAN GEORGE SKYRING
Q 93 OF 1999

JUDGE:         SACKVILLE J
DATE:           6 JULY 1999

PLACE:         SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

Q 93 OF 1999

BETWEEN:

GRAHAM KINGSLEY RAMSEY in his capacity as DISTRICT REGISTRAR OF THE FEDERAL COURT OF AUSTRALIA, QUEENSLAND DISTRICT REGISTRY
Applicant

AND:

ALAN GEORGE SKYRING
Respondent

JUDGE:

SACKVILLE J

DATE OF ORDER:

6 JULY 1999

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The respondent’s motion to strike out the proceedings be dismissed.

2.The respondent shall not institute any proceedings in this Court without the leave of the Court.

3.Any proceedings currently instituted in this Court by the respondent shall…

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AGLC
Ramsey v Skyring [1999] FCA 907
Case
[1999] FCA 907
Decision Date

CaseChat Overview and Summary

Ramsey and Skyring appeared before the Supreme Court of New South Wales where Ramsey, the applicant, sought relief against Skyring, the respondent, in a legal dispute. The core of the matter involved allegations of improper legal actions taken by the respondent against the applicant. The applicant claimed that the respondent had engaged in frivolous litigation and sought to have the respondent’s ongoing legal actions against the applicant struck out. Furthermore, Ramsey sought an order preventing Skyring from initiating or continuing any proceedings without first obtaining leave from the Court.

The court was required to determine several key legal issues. Primarily, it had to assess whether the respondent’s actions constituted an abuse of process or vexatious litigation. The court also needed to consider whether the respondent’s conduct warranted an order preventing further legal actions without leave from the Court. Additionally, the court had to decide on the appropriate costs order to impose on the respondent for the proceedings.

In reaching its decision, the court examined the conduct of the respondent and concluded that the respondent had indeed engaged in vexatious litigation. The court found that the respondent’s actions were without merit and were an abuse of the judicial process. The court determined that an order preventing the respondent from initiating or continuing any proceedings without leave from the Court was necessary to prevent further misuse of the legal system. Furthermore, the court held that the respondent should bear the costs of the applicant’s proceedings as a consequence of their vexatious conduct. Consequently, the court dismissed the respondent’s motion to strike out the proceedings, imposed the aforementioned orders, and directed the respondent to pay the applicant’s costs.

Orders

Orders of the court

1. The respondent’s motion to strike out the proceedings be dismissed.

2. The respondent shall not institute any proceedings in this Court without the leave of the Court.

3. Any proceedings currently instituted in this Court by the respondent shall not be continued by the respondent without the leave of the Court.

4. The respondent pay the applicant’s costs of and incidental to the proceedings.

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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