Re Skyring

[2014] QSC 61

SUPREME COURT OF QUEENSLAND

CITATION:

Re Skyring [2014] QSC 61

PARTIES:

ALAN GEORGE SKYRING
(applicant)

FILE NO/S:

BS2541 of 2014

DIVISION:

Trial Division

PROCEEDING:

Application  

DELIVERED EX TEMPORE ON:

21 March 2014

DELIVERED AT:

Brisbane

HEARING DATE:

21 March 2014

JUDGE:

Alan Wilson J

ORDER:

1.   The application for an adjournment is refused

2.   The originating application filed 18 March 2014 is dismissed

CATCHWORDS:

PROCEDURE – MISCELLANEOUS PROCEDURAL MATTERS – VEXATIOUS LITIGANTS AND PROCEEDINGS – where the applicant has been declared a vexatious litigant – where the applicant seeks leave to institute proceedings under section 11 of the Vexatious Litigants Proceedings Act 2005 (Qld) –where, if leave is granted, the first proceeding is to set aside the original order categorising him as a vexatious litigant - where the second proceeding is to challenge a Magistrate’s order consequent on a finding the applicant had exceeded the speed limit –where the third proceeding is to set aside earlier judgments related to this matter – where the fourth proceeding is for the intervention of the Attorney-General pursuant to notice of a constitutional matter and thereafter that the proceedings be moved to the High Court – where the fifth proceeding is for compensation as a consequence of being declared a vexatious litigant in a 2013 proceeding – whether each proposed application would be vexatious

Australia Act 1986 (UK)
Australia Acts (Request) Act 1986 (Qld)
Vexatious Litigants Proceedings Act 2005 (Qld), s 11, 13

R v Minister for Justice & Attorney-General of Qld; ex parte Skyring [1986] QSC 47
Re Skyring [1995] QSC 55
Re Skyring [2013] QSC 197
Re Skyring [2014] QSC 28
Skyring v Commissioner of Taxation of the Commonwealth [1983] QSC 5

COUNSEL:

The applicant appeared on his own behalf

SOLICITORS:

The applicant appeared on his own behalf

1. ALAN WILSON J:   Mr Skyring, whom it is not unfair nor I hope unkind to describe as irrepressible, is a vexatious litigant under the Vexatious Litigants Act 1981 (Qld) and he cannot therefore institute a proceeding without the Court’s leave under section 13 of that Act. He has brought an originating application for leave under section 11 notwithstanding he has been so categorised, which was filed on the 18^th of March 2014, supported by a very large affidavit with exhibits some centimetres thick.  The relief originally sought in the originating application is of several kinds: firstly, of course, the leave to institute, and then if leave is granted, leave to institute proceedings, which will be described as follows: firstly, an originating application to set aside the original order made by Justice White in 1995 categorising him as a vexatious litigant; secondly, to remove into this court for the purposes of judicial review an order made by a magistrate in January this year concerning a fine for speeding while driving a motor vehicle; thirdly, to set aside:

“ ...pursuant to the inherent powers of this Court, the most recent very detailed judgment in the series given in this Court relating to this matter.”