Skyring v Electoral Commission of Queensland

[2001] QSC 80

SUPREME COURT OF QUEENSLAND

CITATION:	Skyring v Electoral Commission of Qld & Anor [2001] QSC 080
PARTIES:	ALAN GEORGE SKYRING (applicant) v ELECTORAL COMMISSION OF QUEENSLAND (first respondent) and PETER DOUGLAS BEATTIE (second respondent)
FILE NO:	S2028 of 2001
DIVISION:	Trial Division
DELIVERED ON:	6 June2001
DELIVERED AT:	Brisbane
HEARING DATE:	1 June 2001
JUDGE:	Mackenzie J
ORDER:	It is declared and directed that the Registrar may refuse to accept the documents.
CATCHWORDS:	PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PRACTICE UNDER RULES OF COURT – REGISTRY AND REGISTRARS - where applicant declared a vexatious litigant – whether Registrar can accept and register documents seeking leave to appeal against a costs order by a vexatious litigant – whether leave may be granted in accordance with s 9A Vexatious Litigants Act – whether application is expressly prohibited by s 9A(8) Vexatious Litigants Act.
Vexatious Litigants Act 1981 ( Qld) s 2, s 9A, s 9A(6), s 9A(8)
APPEARANCES:	Deputy-Registrar Mr J McNamara (sol.) Mr AG Skyring appearing on his own behalf.

1. MACKENZIE J: Mr Skyring has been declared a vexatious litigant under the

   Vexatious Litigants Act 1981. He has sought to file documents in the Registry in consequence of the refusal with costs by Muir J to grant him leave to institute

   proceedings in the Court of Disputed Returns. The application presented in the

   Registry seeks leave to appeal against the costs order made by Muir J and "such

   further or other orders as to the court shall seem meet, having due regard for all of

   the circumstances of this case".

2. In the proceedings before the Court of Disputed Returns he would wish to challenge

   the return of the second respondent as Member for Brisbane Central in the State

   Election held on 17 February 2001. Chesterman J had held that proceedings before

   the Court of Disputed Returns are "legal proceedings" within the meaning of s 2 of

   the Vexatious Litigants Act. In order to progress them Mr Skyring therefore needed

   leave from a judge.

3. The procedure for an application for leave is set out in s 9A of the Vexatious

   Litigants Act 1981. Under s 9A(6) the application is decided in the absence of the

   parties. When an application is refused under s 9A(6) an application for leave may

   not be made in relation to that decision (s 9A(8)).

4. The present application is unequivocally an application in relation to a decision

   under s 9A(6). Section 9A(8) expressly prohibits such an application. The matter

   came before me on a reference from the Registrar as to his obligation to accept the

   documents. For the reasons set out above, I declare and direct that the Registrar

   may refuse to accept the documents.