Soden v Kowalski

Soden v Kowalski is an application by Mitsubishi Motors Australia Ltd, MMAL Staff Superannuation Fund Pty Ltd and AMP Superannuation Ltd to have Kazimir Kowalski, the respondent, declared a vexatious litigant. The applicants seek orders preventing the respondent from bringing further proceedings against them and generally in the Federal Court without leave. The primary issue before the court was whether the respondent had instituted proceedings habitually, persistently, and without reasonable grounds. The court also considered the meaning of a "proceeding" and the test for determining whether a proceeding is vexatious.

The court found that the requirements of the relevant rules were satisfied. The evidence showed that the respondent had instituted numerous proceedings against the applicants, many of which were found to be vexatious in other courts and tribunals. The court held that vexatiousness is a quality of the proceeding, not the respondent’s intention. The test for determining whether a proceeding is vexatious is whether it is so obviously untenable or manifestly groundless as to be utterly hopeless. The court found that the respondent had instituted proceedings habitually, persistently, and without reasonable grounds, satisfying the requirements of the relevant rules.

Accordingly, the court granted the orders sought by the applicants, prohibiting the respondent from instituting or continuing any proceedings in the Federal Court or against the applicants without leave. The respondent was also ordered to pay the applicants' costs.