Skyring v Electoral Commission of Queensland

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.

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".
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.
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)).
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.

CaseChat Overview and Summary

The case of Skyring v Electoral Commission of Queensland involves the applicant, Skyring, who had previously been declared a vexatious litigant. Skyring sought leave to appeal a costs order against the Electoral Commission of Queensland. The legal issues that the court needed to address were whether a Registrar could accept and register documents seeking leave to appeal when the applicant is a vexatious litigant, whether such leave may be granted under the Vexatious Litigants Act, and whether the application was expressly prohibited by section 9A(8) of the same Act.

The court held that the Registrar was not permitted to accept or register the documents from a vexatious litigant seeking leave to appeal against a costs order. The court reasoned that the provisions of the Vexatious Litigants Act, particularly section 9A(8), expressly prohibited such an application. Consequently, the court concluded that the Registrar could refuse to accept the documents from Skyring as a vexatious litigant seeking leave to appeal.

The court's decision was based on the statutory framework governing vexatious litigants in Queensland, which specifically limits the ability of such litigants to appeal certain costs orders. The court found that the language of section 9A(8) was clear and unambiguous, prohibiting the Registrar from accepting or registering such applications. The court further held that the provisions of the Act must be strictly followed, and any deviation from these provisions would be contrary to the legislative intent.

In light of the court's findings, it declared and directed that the Registrar could refuse to accept the documents from Skyring seeking leave to appeal against the costs order. This decision underscores the importance of adhering to statutory mandates when dealing with vexatious litigants and the limitations imposed by legislation on their ability to seek leave to appeal certain costs orders.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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.