Michael Trim appeared for the defendant, instructed by City Legal – Brisbane City Council.
In summary, this proceeding concerned a dispute about an easement and access to land. The particular Application concerned, amongst other things, whether an abuse of process occurred because of the plaintiff commencing two proceedings (in 2003 and 2022) which essentially sought the same relief and were almost identically pleaded. The Court found that the 2022 proceedings were an abuse of process on the above basis. However, in the premises of the matters set out in the reasons the Court ordered the 2022 proceedings to continue and dismissed the 2003 proceedings.
The judgment can be read by clicking here
