Broadbent v Medical Board of Australia

[2024] QCA 37

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary disposal
3. › Summary dismissal of originating application
4. › Application to declare respondent a vexatious litigant
5. › Whether application constituted collateral attack on outcomes of previous litigation
6. › Whether applicant had no prospect of succeeding at trial
7. › Vexatious Proceedings Act 2005 (Qld), s 6(2)
8. › Uniform Civil Procedure Rules 1999 (Qld), r 658
1. Appeal
2. › General civil appeal
3. › Appeal from exercise of discretion
4. › Standard of appellate review
5. › Whether primary judge acted on wrong principle, took into account irrelevant matters, mistook facts, or failed to take into account material considerations
6. › House v The King (1936) 55 CLR 499

Quick Take

The case confirms that an application to declare a party a vexatious litigant may be summarily dismissed where it constitutes a collateral attack on the outcomes of previous litigation, and that the standard House v The King grounds govern appellate review of such a dismissal.