Henry George Fryberg
Encyclopedia
Justice Henry George Fryberg is a current Justice of the Supreme Court of Queensland
, Australia. He is considered a compassionate judge. Justice Fryberg was sworn in on 23 September 1994.
as a result of the numerous proceedings brought by the respondent Mathews against the Brisbane City Council (BCC) and other parties. Mathews was a disability pensioner as a result of a head injury he had sustained many years before, and his injuries affected his ability to concentrate for long periods. Justice Fryberg heard the application before all chamber applications in the list that day in order to assist the respondent, who was self-represented in being able to present his case.
After noting that Mathews had brought multiple proceedings, Justice Fryberg found that they were vexatious under the meaning of the Act:
As a result, Justice Fryberg declared Mathews a vexatious litigant and made an order prohibiting him from commencing any new proceedings against BCC.
, possessing a child abuse computer game and possessing child abuse photographs in the District Court of Queensland
in 2007. The Application was brought by the Legal Services Commission as a result of the convictions.
Justice Fryberg’s judgment was delivered ex tempore
and was notably brief, since this was an extremely uncomplicated case for the tribunal. At the hearing, His Honour stated that:
As a result, Quinn’s entitlement to practice was removed.
On 5 March 2009, a hearing took place in order to resolve disclosure issues, as well as when the trial would be held. His Honour rejected the proposed directions submitted by the defence because they would not provide sufficient disclosure to the proxsecution of the expert evidence to be presented by the defence.
In August 2009, new evidence emerged from nurses, leading to Justice Fryberg suggesting that the case against the accused was not strong enough to likely lead to conviction. The prosecution subsequently dropped the charge, and so Ward was acquitted.
Supreme Court of Queensland
The Supreme Court of Queensland, which is based at the Law Courts Complex, is the superior court for the Australian State of Queensland and sits around the middle of the Australian court hierarchy...
, Australia. He is considered a compassionate judge. Justice Fryberg was sworn in on 23 September 1994.
Brisbane City Council v. Matthews
Brisbane City Council v. Matthews [2006] QSC 25, involved an application brought under the Vexatious Proceedings ActVexatious litigation
Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a...
as a result of the numerous proceedings brought by the respondent Mathews against the Brisbane City Council (BCC) and other parties. Mathews was a disability pensioner as a result of a head injury he had sustained many years before, and his injuries affected his ability to concentrate for long periods. Justice Fryberg heard the application before all chamber applications in the list that day in order to assist the respondent, who was self-represented in being able to present his case.
After noting that Mathews had brought multiple proceedings, Justice Fryberg found that they were vexatious under the meaning of the Act:
- The features of the proceedings to which I have been referred generally are in my view accurately summarised by [counsel for the applicant]. There is a joinder of multiple defendants without any basis for joinder; there are allegations of bias against judges which are completely unsubstantiated (and I should add that the allegations made orally before me today included allegations of bias against the lady who is now the Chief Judge of the District Court and also against the lady who is the Governor); there is the making of hopeless claims; there are unparticularised allegations of deceit and fraud; there are exaggerated damages claims; there is non-compliance with Court proceedings and in particular a failure to deliver complying pleadings; and finally, there is bringing of claims in respect of which it is not possible to demonstrate the suffering of any loss.
As a result, Justice Fryberg declared Mathews a vexatious litigant and made an order prohibiting him from commencing any new proceedings against BCC.
Legal Services Commissioner v Quinn
The case of Legal Services Commissioner v Quinn [2008] QLPT 19 concerned a Discipline Application brought against a solicitor in the Legal Services Tribunal. The Application followed Quinn’s guilty plea and conviction for importing child pornographyChild pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
, possessing a child abuse computer game and possessing child abuse photographs in the District Court of Queensland
District Court of Queensland
The District Court of Queensland is a court in Queensland, a state of Australia. It has jurisdiction to hear:* appeals from decisions of the Magistrates' Court of Queensland;...
in 2007. The Application was brought by the Legal Services Commission as a result of the convictions.
Justice Fryberg’s judgment was delivered ex tempore
Ex tempore
Ex tempore has two meanings:-Performance:"Extempore" or "ex tempore" refers to a stage or theater performance that is carried out without preparation or forethought. Most often the term is used in the context of speech, singing and stage acting...
and was notably brief, since this was an extremely uncomplicated case for the tribunal. At the hearing, His Honour stated that:
- I am satisfied that the respondent was guilty of professional misconduct. I recommend that the name of the respondent be removed from the local roll... I order that the respondent pay the applicant's costs of the application assessed as for a Supreme Court application.
As a result, Quinn’s entitlement to practice was removed.
R v Bruce Gordon Ward
The accused, a surgeon, was accused of negligently cutting a patient's vein during an operation and prescribing blood-thinning drugs that hastened her death.On 5 March 2009, a hearing took place in order to resolve disclosure issues, as well as when the trial would be held. His Honour rejected the proposed directions submitted by the defence because they would not provide sufficient disclosure to the proxsecution of the expert evidence to be presented by the defence.
In August 2009, new evidence emerged from nurses, leading to Justice Fryberg suggesting that the case against the accused was not strong enough to likely lead to conviction. The prosecution subsequently dropped the charge, and so Ward was acquitted.