30 April 2014

Vexatious litigant: Attorney-General v. Siemer

The High Court has declared Vincent Ross Siemer a vexatious litigant.  Without first getting court approval, he is barred from taking legal action against judges, members of the legal profession, accounting firm Ferrier Hodgson or chartered accountant Michael Stiassny.
Soured by the outcome of a legal dispute in 2000, Mr Siemer sued a remarkably wide range of people: parties to the original litigation, lawyers who acted for him, lawyers who opposed him, the Solicitor-General, the Attorney-General, the Law Society and the Judicial Complaints Commissioner in respect of complaints about judges who heard a number of the cases.
Citizens have a fundamental constitutional right to a hearing before the courts.  It is very rare for a person to be declared a vexatious litigant and barred from the courts.  This exceptional step is taken when the tempo and tone of litigation is viewed as harassment.   Judicial resources are barely sufficient to provide justice without unreasonable delay to those who have genuine grievances.  The courts will not permit these resources to be squandered on those who do not.
The High Court was told Mr Siemer’s 2000 dispute arose from the breakdown of a joint venture arrangement centred on a company called Paragon Oil Systems Ltd.  Mr Stiassny became involved as a temporary caretaker receiver appointed by the High Court.  Mr Siemer’s actions in expressing dissatisfaction with the operation of this receivership saw him sued for defamation and briefly imprisoned for contempt of court.  A plethora of litigation followed.   The High Court ruled that fifteen of these subsequent cases were vexatious.  They were not supported by any reasonable grounds.  They were seen as collateral attacks designed to challenge decisions of judges where Mr Siemer disagreed with their conclusions.  They dealt with the same issues that had been previously decided by the courts.
Attorney-General v. Siemer – High Court (30.4.14)
14.017