Underwood v Sheppard

[2010] QCA 76

SUPREME COURT OF QUEENSLAND

CITATION:

Conde v Attorney-General for the State of Queensland [2010] QCA 66

PARTIES:

MILTON ARNOLDO CONDE
(respondent/applicant)
v
ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant/respondent)

FILE NO/S:

Appeal No 2487 of 2010
SC No 627 of 2010

DIVISION:

Court of Appeal

PROCEEDING:

Miscellaneous Application (Civil)

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED EX TEMPORE ON:

25 March 2010

DELIVERED AT:

Brisbane

HEARING DATE:

25 March 2010

JUDGES:

Fraser JA

ORDER:

Application dismissed.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – OTHER MATTERS – where applicant sought to appeal against orders made pursuant to the Vexatious Proceedings Act 2005 (Qld) staying the applicant’s proceedings or requiring him to obtain leave to proceed – where the applicant applied under s 11 of the Act for leave to institute an appeal against the orders – whether the Court is required to dismiss the application pursuant to s 12 of the Act – whether there is a reasonable ground for the proposed appeal and whether it is vexatious

Vexatious Proceedings Act 2005 (Qld), s 6(2)(a), s 6(2)(b), s 6 (2)(c), s 10, s 11, s 11(3), s 12(1)(b)

Gilfoyle and Ors v Conde[2010] QSC 14, cited

COUNSEL:

The applicant appeared his own behalf
No appearance for the respondent

SOLICITORS:

The applicant appeared on his own behalf
No appearance for the respondent

FRASER JA: On 17 February 2010, the primary judge, Justice Byrne, made orders pursuant to s 6(2)(a) of the Vexatious Proceedings Act 2005 (Qld), staying three separate proceedings commenced by Mr Conde in the Trial Division of the Supreme Court, four separate appeals commenced by Mr Conde in this Court, and one proceeding in the District Court. The primary judge also made orders pursuant to s 6(2)(c) of the Act, prohibiting Mr Conde from taking a step in seven separate proceedings he had commenced in the District Court without the prior leave of a judge of that court.

Mr Conde wishes to appeal from those orders. He faces the obstacle that on 4 February 2010 Justice Byrne had made an order pursuant to s 6(2)(b) of the Act prohibiting Mr Conde from instituting any proceeding in a court or tribunal in the State of Queensland without prior leave of a judge of the Supreme Court of Queensland granted pursuant to Part 3 of the Act. That vexatious proceeding order remains in effect, though Mr Conde has appealed against it. That appeal has not yet been determined. Under s 10 of the Act the vexatious proceedings order, which remains in force, prohibits Mr Conde from instituting his proposed appeal against the subsequent orders of 17 February 2010 without the leave of the Court.

Mr Conde has now applied under s 11 of the Act for leave to institute his proposed appeal against those orders.  As required by s 11(4) the applicant apparently has not served a copy of his application or supporting affidavit on any person.  Section 12…