Whilst litigation is never an enjoyable experience, for many it is a necessary and justifiable last resort. However, the privilege of seeking the Courts help has been revoked from one Brisbane man who was recently declared a vexatious litigant by the Supreme Court of Queensland in a ruling that included 10 defendants.
Mr. Russell Gordon Haig Mathews is now prohibited from suing anyone in any court of Queensland, after suing a “large number of defendants” for millions of dollars in damages.
The Order against Mr. Matthews reminds the public that the Courts time is not to be trivialised and that litigation should only be instigated on a legitimate and rational basis.
Mr Mathews had been trying to sue several parties, including a claim of more than $400 million against the University of Queensland.
In all the current proceedings, the judge found the amount of damages claimed by Mr Mathews was “unjustifiable“, stating; “the respondent has repeatedly made overreaching and unjustifiable claims for damages without any pleaded basis of fact.”
“The total amounts claimed do not appear to have any rational basis.”
The rationale behind such a Vexatious Proceedings Order is to alleviate the significant congestion of matters proceeding through the Court system.
Currently there are approximately 20 vexatious litigants in Queensland who have been barred from initiating proceedings against specific people or bodies, or initiating any court action in Queensland besides appealing the vexatious proceeding order.
If you have a litigation enquiry (and you’re not one of the aforementioned 20 Queenslanders) come in and discuss your matter with a member of the McLaughlins litigation department for expert advice and commercial solutions.
Director: Ian Kennedy