Skyring v Registrar Bancroft QCAT

SUPREME COURT OF QUEENSLAND

CITATION:

Skyring v Registrar Bancroft QCAT & Anor [2012] QSC 80

PARTIES:

ALAN GEORGE SKYRING
(applicant)

v

REGISTRAR DAVID BANCROFT
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL BRISBANE
(first respondent)

MICHELLE HOWARD
MEMBER, QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
(second respondent)

FILE NO/S:

2608 of 2012

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

30 March 2012

DELIVERED AT:

Brisbane

HEARING DATE:

23 March 2012

JUDGE:

Ann Lyons J

ORDER:

The application pursuant to s 11 of the Vexatious Proceedings Act 2005 (Qld) for leave to institute a proceeding is refused.

CATCHWORDS:

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – JURISDICTION AND GENERALLY – GENERALLY – where applicant is a vexatious litigant – where vexatious litigant makes application for leave to proceed under Vexatious Proceedings Act 2005 (Qld) – where the proposed proceedings in Queensland Civil and Administrative Tribunal (QCAT) are to review a decision made by the Legal Services Commissioner – where the proposed proceeding is without reasonable grounds, brought for an improper purpose and an abuse of process.

Vexatious Litigants Act 1981 (Qld), s 3.
Vexatious Proceedings Act 2005 (Qld), s 11, s 12.

Conde v Attorney General for the State of Queensland [2010] QCA 66.
Fung v Tam & Anor [2012] QCA 10.
Re Cameron [1996] 2 Qd R 218.
Re Skyring [1995] QSC 55.
Skyring v Electoral Commissioner & Anor [2001] QSC 80.

COUNSEL:

Applicant on his own behalf

SOLICITORS:

Applicant on his own behalf

ANN LYONS J:

1. On 5 April 1995 Mr Alan Skyring was declared to be a vexatious litigant under s 3 of the Vexatious Litigants Act 1981 (Qld). Mr Skyring appealed that decision to the Court of Appeal and the Court unanimously struck out the appeal, declaring it to be incompetent.

1. On 20 March 2012 Mr Skyring filed an application in this Court seeking an order that he be given leave, pursuant to s 11 of the Vexatious Proceedings Act 2005,

“to bring an action in this court for Statutory and Judicial Review of two decisions made recently by QCAT on the applicant’s Applications to review a decision made previously by the Legal Services Commissioner which was not only seriously in error in fact and law, but also highly defamatory of the applicant.” [original emphasis]

1. Essentially, Mr Skyring wants the Queensland Civil and Administrative Tribunal (“QCAT”) to review a decision made by the Legal Services Commissioner on 12 December 2011 and in order to do so he needs an order pursuant to s 11 of the Act permitting him to institute proceedings.

The factual background

1. The Court of Appeal decision of Koteska v Phillips; Koteska v Commissioner of Police[1] raised concerns that Mr Skyring might be attempting to assist litigants and involve himself in litigation brought by others when he was not a legal practitioner. The Legal Services Commissioner conducted an investigation. On 12 December 2011 the Legal Services Commissioner wrote to Mr Skyring, stating the following:

   [1][2011] QCA 266