Re Skyring

[2013] QSC 197

SUPREME COURT OF QUEENSLAND

CITATION:

Re Skyring [2013] QSC 197

PARTIES:

ALAN GEORGE SKYRING
(applicant)
v
G R COOPER, CROWN SOLICITOR
(respondent)

FILE NO:

BS5759 of 2013

DIVISION:

Trial Division

PROCEEDING:

Originating Application

DELIVERED ON:

1 August 2013

DELIVERED AT:

Brisbane

HEARING DATE:

11 July 2013

JUDGE:

Mullins J

ORDER:

1. The originating application filed on 25 June 2013 is dismissed.
2. The application for leave to bring a judicial review proceeding in respect of the order made by Magistrate Springer in the Magistrates Court of Brisbane on 18 June 2003 is refused.

CATCHWORDS:

PROCEDURE – MISCELLANEOUS PROCEDURAL MATTERS – VEXATIOUS LITIGANTS AND PROCEEDINGS – where the applicant has been declared a vexatious litigant – where the order that the applicant was a vexatious litigant was based in part on the applicant’s persistence in bringing proceedings to put in issue the validity of the currency issued by the Commonwealth of Australia as legal tender – where the applicant applies to have this order set aside under s 7 of the Vexatious Proceedings Act 2005 (Qld) – whether there has been a prior court determination of the applicant’s legal tender argument – whether it was an appropriate application under s 7

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 s 11 of the Vexatious Proceedings Act 2005 (Qld) seeking judicial review of the decision of the Magistrate listing an alleged traffic offence for trial – whether the applicant should be given leave to bring the judicial review application

Clampett v Kerslake (Electoral Commissioner of Qld) [2009] QCA 104, considered
Conde v Gilfoyle [2010] QCA 109, considered
Kay v Attorney-General (2000) 2 VR 436, considered
Re Skyring’s Application (No 2) (1985) 59 ALJR 561, considered
Skyring v Crown Solicitor [2001] QSC 350, considered
Skyring v Dixon [2010] QSC 150, considered

Vexatious Litigants Act 1981, s 3
Vexatious Proceedings Act 2005, s 7, s 11, s 16

COUNSEL:

The applicant appeared in person
M T Hickey for the respondent 

SOLICITORS:

G R Cooper, Crown Solicitor for the respondent

1. The applicant was declared a vexatious litigant by White J on 5 April 1995 (the 1995 order) pursuant to s 3 of the Vexatious Litigants Act 1981. That Act was repealed by the Vexatious Proceedings Act 2005 (VPA). Pursuant to s 16 of the VPA, an order under s 3 of the repealed Act continues in force as a vexatious proceedings order for the purposes of the VPA.

1. By the originating application that commenced this proceeding on 25 June 2013 the applicant proposed proceeding on an ex parte basis for an order that the court set aside the 1995 order.  The purpose of seeking that order was set out in the application as to enable the applicant to institute proceedings “unencumbered” for a judicial review of the order made by Magistrate Springer in the Brisbane Magistrates Court…