Height fear man sues over upstairs court

December 02, 2022 11:25 AM AEDT | By AAPNEWS
Image source: AAPNEWS

A solicitor with a "fear of heights" has sued Queensland authorities for $73 billion after claiming he was disadvantaged by his case being held in a first floor courtroom.

Gold Coast solicitor Adrian Praljak took action in the Federal Court against the State of Queensland, claiming Southport Magistrates Court had breached the Commonwealth Disability Discrimination Act.

Mr Praljak stated he was required to appear in a courtroom that was not located on the ground floor and, as a result of his acrophobia diagnosis, he pleaded guilty under duress, to domestic violence and unlawful stalking charges.

He sought an apology from the state government and compensation "no less then (sic); $50,000,000,000. United States Dollars not including tax", that charges be quashed and his career as a solicitor be "100% restored".

On March 22, 2018, prior to a hearing scheduled for May that year, Mr Praljak contacted the magistrates court and asked to appear by telephone or in a courtroom on the ground floor due to vertigo and anxiety.

The court responded that the case involved a specialist domestic violence team and it could not be moved and they had records to show Mr Praljak had attended the same courtroom in the past with no issues.

"As an outcome, I have been left with a criminal record, without any realistic means and as a self­ representing person, to have a correction of justice," Mr Praljak stated in an affidavit.

"I am a citizen of this country, I am a taxpayer. However, the legal system has not abided by its principles, nor has it allowed any fair trial for myself and the circumstances around this case."

The state government responded that the court's administrative decisions in Mr Praljak's earlier criminal case had been granted legislated immunity from legal action such as that brought by Mr Praljak.

In a judgment handed down on Wednesday, Federal Court Justice Timothy McEvoy described Mr Praljak's claims as "untenable".

Justice McEvoy stated Mr Praljak's case relied solely on an affidavit that was more than 1271-pages long and was "comprised largely of material which is not apparently relevant".

"It also includes a number of vague allegations of 'criminal offences' against non-parties to this proceeding," Justice McEvoy stated.

Justice McEvoy found the magistrates court acted under legal immunity and also invoked precedent that allowed cases to be terminated if they were "hopeless or foredoomed to fail".

"It is apparent that the application seeks to use the court's procedures for an illegitimate purpose," Justice McEvoy stated.

Justice McEvoy did not grant leave for Mr Praljak to pursue his case for discrimination under the Australian Human Rights Commission Act and dismissed his application with costs.


Disclaimer

The content, including but not limited to any articles, news, quotes, information, data, text, reports, ratings, opinions, images, photos, graphics, graphs, charts, animations and video (Content) is a service of Kalkine Media Pty Ltd (“Kalkine Media, we or us”), ACN 629 651 672 and is available for personal and non-commercial use only. The principal purpose of the Content is to educate and inform. The Content does not contain or imply any recommendation or opinion intended to influence your financial decisions and must not be relied upon by you as such. Some of the Content on this website may be sponsored/non-sponsored, as applicable, but is NOT a solicitation or recommendation to buy, sell or hold the stocks of the company(s) or engage in any investment activity under discussion. Kalkine Media is neither licensed nor qualified to provide investment advice through this platform. Users should make their own enquiries about any investments and Kalkine Media strongly suggests the users to seek advice from a financial adviser, stockbroker or other professional (including taxation and legal advice), as necessary.
The content published on Kalkine Media also includes feeds sourced from third-party providers. Kalkine does not assert any ownership rights over the content provided by these third-party sources. The inclusion of such feeds on the Website is for informational purposes only. Kalkine does not guarantee the accuracy, completeness, or reliability of the content obtained from third-party feeds. Furthermore, Kalkine Media shall not be held liable for any errors, omissions, or inaccuracies in the content obtained from third-party feeds, nor for any damages or losses arising from the use of such content.
Kalkine Media hereby disclaims any and all the liabilities to any user for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising from any use of the Content on this website, which is provided without warranties. The views expressed in the Content by the guests, if any, are their own and do not necessarily represent the views or opinions of Kalkine Media. Some of the images/music that may be used on this website are copyrighted to their respective owner(s). Kalkine Media does not claim ownership of any of the pictures displayed/music used on this website unless stated otherwise. The images/music that may be used on this website are taken from various sources on the internet, including paid subscriptions or are believed to be in public domain. We have made reasonable efforts to accredit the source wherever it was indicated as or found to be necessary.
This disclaimer is subject to change without notice. Users are advised to review this disclaimer periodically for any updates or modifications.


AU_advertise

Advertise your brand on Kalkine Media

Sponsored Articles


Investing Ideas

Previous Next
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.