von Risefer & Ors v Permanent Trustee Co P/L & Ors

[2005] QCA 109

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Abuse of process
3. › Vexatious proceedings
4. › Striking out notice of appeal
5. › Whether appeal vexatious and bound to fail
6. › Uniform Civil Procedure Rules 1999 (Qld), r 293
1. Practice and Procedure
2. › Abuse of process
3. › Vexatious proceedings
4. › Restraining future proceedings
5. › Inherent jurisdiction of court
6. › Whether court has power to restrain institution of new proceedings relitigating concluded matters
7. › Whether power extends to proceedings in other courts
8. › Constitution of Queensland 2001 (Qld), s 58
1. Practice and Procedure
2. › Abuse of process
3. › Vexatious proceedings
4. › Relationship between inherent jurisdiction and statutory provisions
5. › Vexatious Litigants Act 1981 (Qld)
6. › Whether inherent jurisdiction abrogated by statute
1. Practice and Procedure
2. › Bias
3. › Apprehended bias
4. › Whether prior involvement in related proceedings gives rise to apprehended bias
5. › Whether judge who sat on appeal and stay applications should recuse from subsequent application

Quick Take

The inherent jurisdiction of the Supreme Court of Queensland extends to restraining the institution of new proceedings in any Queensland court that seek to relitigate matters already determined, and this power has not been abrogated by the Vexatious Litigants Act 1981 (Qld). Section 58 of the Constitution of Queensland 2001 (Qld) may provide an independent statutory foundation for this jurisdiction. The Vexatious Litigants Act creates a separate regime concerned with the status of vexatious litigants generally, while the inherent jurisdiction caters specifically for the protection of identified parties to existing litigation.