Skyring v Lohe

Case

[2000] QCA 451

3 November 2000


Details
AGLC Case Decision Date
Skyring v Lohe [2000] QCA 451 [2000] QCA 451 3 November 2000

CaseChat Overview and Summary

The appellant, Skyring, sought leave to appeal from a decision of a judge of the Supreme Court that refused to make an order under the Vexatious Litigants Act 1981. The case originated from an application by Skyring under the Supreme Court Act 1970, seeking orders against Lohe, on the grounds that Lohe had commenced and continued litigation against him without reasonable cause or excuse. The Supreme Court judge declined to make an order under the Act, holding that the Vexatious Litigants Act did not apply in the circumstances of the case. Skyring then applied for leave to appeal from this order, which was subsequently refused by the court. The primary legal issue before the court was whether the Vexatious Litigants Act applied to the circumstances of the case and whether the judge’s decision was correct. The court considered whether the Vexatious Litigants Act applied to the situation, and whether the judge had correctly exercised his discretion in declining to make an order under the Act. The court found that the Vexatious Litigants Act did not apply to the circumstances of the case and that the judge had exercised his discretion correctly. The court further held that the application for leave to appeal was without merit, and that it should be refused. The appeal was therefore dismissed with costs to be assessed. The court held that the Vexatious Litigants Act did not apply to the circumstances of the case, and that the judge had correctly exercised his discretion in declining to make an order under the Act. The court further held that the application for leave to appeal was without merit, and that it should be refused. The appeal was dismissed with costs to be assessed.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Appeal

  • Limitation Periods

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

6

Skyring v Crown Solicitor [2001] QSC 350
Kosteska v Phillips [2011] QCA 266
Cases Cited

4

Statutory Material Cited

1