Underwood & Anor v Sheppard

[2010] QCA 76

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Vexatious litigants
3. › Application for leave to institute proceedings
4. › Whether proposed appeal is a vexatious proceeding
5. › Whether no reasonable ground for proposed appeal
6. › Vexatious Proceedings Act 2005 (Qld), ss 6(2)(a), 6(2)(b), 6(2)(c), 10, 11, 12(1)(b)
1. Practice and Procedure
2. › Vexatious litigants
3. › Affidavit requirements for leave application
4. › Whether affidavit substantially complied with s 11(3)
5. › Distinction between argumentative assertions and material facts
6. › Vexatious Proceedings Act 2005 (Qld), s 11(3)
1. Appeal
2. › Leave to appeal
3. › Vexatious proceedings order in force
4. › Whether proposed notice of appeal discloses arguable error
5. › Whether grounds of appeal consisting of broad conclusions without supporting facts or particulars disclose reasonable ground for appeal

Quick Take

An application for leave to institute proceedings under s 11 of the Vexatious Proceedings Act 2005 (Qld) will be dismissed under s 12(1)(b) where the proposed notice of appeal contains only broad conclusory allegations without identifying any particular error in the primary judge's reasons, and the applicant's affidavit discloses no material facts supporting the grounds of appeal. The court will treat such a proposed appeal as having no reasonable ground and therefore as a vexatious proceeding.