Re Skyring

[2014] QSC 28

SUPREME COURT OF QUEENSLAND

CITATION:

Re: Skyring [2014] QSC 28

PARTIES:

ALAN GEORGE SKYRING
(applicant)

FILE NO:

BS1253 of 2014

DIVISION:

Trial Division

PROCEEDING:

Application

DELIVERED EX TEMPORE ON:

13 February 2014

DELIVERED AT:

Brisbane

HEARING DATE:

13 February 2014

JUDGE:

Peter Lyons J

ORDERS:

The originating application filed 11 February 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 three proceedings under section 11 of the Vexatious Proceedings Act 2005 (Qld) – where the applicant characterised the first application as an application to reopen a 1983 judgment concerning whether currency issued by the Commonwealth of Australia is legal tender – where the second application is for compensation consequent on the applicant being declared a vexatious litigant in a 2013 proceeding – where the third application is to challenge a Magistrate’s order consequent on a finding the applicant had exceeded the speed limit – whether each proposed application would be vexatious

Vexatious Proceedings Act 2005 (Qld), s 10, s 11, s 12(1)(b), s 13

Bailey v Marinoff (1971) 125 CLR 529; [1971] HCA 49, considered
DJL v The Central Authority (2000) 201 CLR 226; [2000] HCA 17, considered
Re Cameron [1996] 2 Qd R 218; [1996] QCA 37, followed
Re Skyring [2013] QSC 197, considered
Re Skyring’s Application (No 2) (1985) 59 ALJR 561, considered
Skyring v Commissioner of Taxation of the Commonwealth (No. 5 of1983, 19 August 1983, VC8321370), considered

COUNSEL:

The applicant appeared on his own behalf

SOLICITORS:

The applicant appeared on his own behalf

1. PETER LYONS J:  In 1995, White J declared the present applicant to be a vexatious litigant pursuant to the Vexatious Litigants Act 1981 (Qld) (VLA):  see Re: Skyring (178 of 1995. judgment dated 5 April 1995, VC9506042).  The VLA was repealed by the Vexatious Proceedings Act 2005 (Qld) (VPA).  By virtue of section 16 of the VPA, an order made under the VLA in force immediately before the commencement of the VPA is taken to be a vexatious proceedings order for the VPA. Section 10 of the VPA provides that, in such a case, a person may not institute proceedings to which the vexatious proceeding order applies without the leave of the Court under section 13 of the VPA. Section 11 of the VPA authorises an application for leave to institute proceedings.

1. The applicant is today making an application under s11 of the VPA. Before turning to the details of the application, reference should be made to section 11(3) of the VPA. It requires an applicant to file an affidavit with the application that does three things. One is the affidavit must list all occasions on which the applicant has applied for leave, whether under section 11 of the VPA or under the relevant provisions of the VLA.  The second is that the applicant must…