SUPREME COURT OF QUEENSLAND
CITATION:
Rowe v Emmanuel College [2015] QSC 45
PARTIES:
CHAD EVERETT ROWE
(applicant)
v
EMMANUEL COLLEGE
ACN 010 563 256(respondent)
FILE NO:
No 694 of 2015
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
6 March 2015
DELIVERED AT:
Brisbane
HEARING DATE:
18 February 2015
JUDGE:
A Lyons J
ORDER:
The application filed on 19 January 2015 is dismissed.
CATCHWORDS:
PROCEDURE – MISCELLANEOUS PROCEDURAL MATTERS – VEXATIOUS LITIGANTS AND PROCEEDINGS – where the applicant files an application under the Vexatious Proceedings Act 2005 (Qld) – where the applicant seeks leave to file an application to set aside previous orders and undertakings – whether the applicant has disclosed all facts which are material to the application for leave to institute proceedings – whether the application should be dismissed under the Vexatious Proceedings Act 2005 (Qld)
Vexatious Proceedings Act 2005 (Qld), ss 11, 12, and Schedule
Emmanuel College v Rowe [2014] QSC 238, cited
Hutchinson v Bienvenu (Unreported, HCA, 19 October 1971), cited
Jones v Skyring (1992) 109 ALR 303, cited
Mudie v Gainriver Pty Ltd (No 2) [2003] 2 Qd R 271, cited
Re Cameron [1996] 2 Qd R 218, considered
Re Skyring [2014] QSC 28, cited
Re Vernazza [1960] 1 QB 197, cited
Rowe v Emmanuel College [2015] QSC 3, cited
Rowe v Emmanuel College & Anor [2015] QSC 2, cited
Rowe v Emmanuel College & Schultz [2013] QCA 326, citedCOUNSEL:
Applicant in person
SOLICITORS:
Applicant in person
ANN LYONS J:
The current application
Since June 2013, the applicant has been involved in a number of proceedings in this Court involving the respondent, Emmanuel College (“the College”), and his former wife. There have also been a number of applications in the Queensland Civil and Administrative Tribunal (“QCAT”) as well as the Federal Court, the Federal Circuit Court and the Magistrates Court. Pursuant to undertakings he has previously given to this Court, the applicant is required to comply with the provisions of the Vexatious Proceedings Act 2005 (Qld) (“VPA”) before he can institute any further proceedings in this Court.
On 19 January 2015, Mr Rowe filed an application seeking Orders pursuant to s 11 of the VPA to serve the College with a copy of his proposed application which seeks “leave to file an application to set aside” the following Orders and Undertakings:
(a) the Order of Dalton J of 21 November 2013 as extended by Byrne SJA on 26 and 27 November 2013;
(b) the Undertakings entered by the Registrar on 17 December 2013; and
(c) Orders 1 and 3 of Atkinson J made on 29 September 2014.
History
In order to understand the current application, it is necessary to outline some of the history of the litigation.[1] The applicant Mr Rowe and his ex-wife Alison Schultz are the parents of a young child who attends Emmanuel College. A dispute arose between Mr Rowe and the College in 2013 about…
Continue reading Rowe v Emmanuel College
Sign in free to access the full text
- AGLC
- Rowe v Emmanuel College [2015] QSC 45
- Case
- [2015] QSC 45
- Decision Date
CaseChat Overview and Summary
The court found that Mr Rowe had not disclosed all facts material to his application for leave. It was clear that he intended to challenge the 2013 Orders made by Dalton J and Byrne SJA, and the 2014 Orders made by Atkinson J. The court concluded that Mr Rowe’s application did not seek to appeal the orders but to set them aside, aiming to argue that the college had failed in its obligations under the Deed of Settlement and that the Deed of Settlement had been terminated. The court noted that Mr Rowe had not sought to appeal the orders but wished to commence new proceedings to set them aside.
The court ultimately determined that Mr Rowe had not fully disclosed the material facts of his application. The Vexatious Proceedings Act requires that all relevant facts be disclosed to the court. The court held that Mr Rowe’s application did not meet this requirement and dismissed the application under the Act. Consequently, Mr Rowe was not granted leave to file the proposed application to set aside the previous orders and undertakings.
The court made an order dismissing the application filed on 19 January 2015. Mr Rowe was not granted leave to institute the proceedings he sought to bring, effectively preventing him from challenging the previous court orders through a new application.
Orders
Orders of the court
The application filed on 19 January 2015 is dismissed.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.