Markan V. Bar Association Of Queensland (No3)

Markan v Bar Association of Queensland Case Note

Citation

Markan v Bar Association of Queensland (No3) [2014] QSC 225

Procedural History

Markan's ('P') appeal was refused second time in a row and brought proceeding against the Crime and Misconduct Commission, the Queensland Police Service and Bar Association Queensland ('D'). He also brought an appeal in the Court of Appeal but it was dismissed.

Facts

P was convicted by grievous bodily harm of his colleague and sentenced four years imprisonment with parole date fixed after two years. He hired two solicitors who are engaged with Mr Tim Carmody SC (present Chef Justice)and Mr Paul Smith (Honour)of counsel but both appeal were dismissed by the High Court.

He sued BAQ for breaching

Whether the P has instituted or conducted vexatious proceedings (Is P a person that defined in the dictionary of the Vexatious Proceeding Act 2005?).

2. What is the threshold of vexatious proceedings (Frequency: P is a person frequently instituted or conducted vexatious proceedings in Australia? ).

Arguments

P claimed with six ground of appeal against the BAQ:

1. The trial judge was selected without any consideration of the case.

2. Failure to recall the complainant for a medical whiteness could examine him.

3. The police officer ignored asking of an investigation of the discrepancy between the complaint's claim and the result of the medical exam. Moreover, the police wrongly concluded. the event and not allow appeal this acting in self-defence.

4. There were errors occurred by the trial judges in the course of summing up.

5. Using Irrelevant reference by the complainant during trial (using previous conviction of cyber-crime).

6. The evidence submitted by the complaint was fabricated evidence.

D argued that:

The proceedings made by Markan was not a reasonable claim which was previously dismissed by the trial judges. He is a person and his behaviours was defined under the Vexatious Proceedings Act 2005 (Qld), if he does not stop, BAQ strikes out against his