Australia, Nov. 22 -- Supreme Court of Victoria issued text of the following judgement on Nov. 15:

1 In 2022, Dr Haque issued proceedings in tort against the State of Victoria, three named Victorian Police Officers, and two unidentified persons alleged to have acted on behalf of the police or the sheriff. The claims related to events on 12 February 2010 when he was arrested at his home and taken to Footscray police station (the 2010 arrest), and on 3 February 2012 when he was arrested at his home and taken to Sunshine police station (the 2012 arrest). He alleges that both arrests were unlawful, and that they constituted assault, battery and false imprisonment. He also brings claims for stalking based on the 2010 arrest and defamation based on the 2012 arrest.

2 The named respondents (together, the Respondents), applied for summary judgment or the strike out of Dr Haque's claim. Associate Justice Ierodiaconou gave summary judgment in favour of the first to fourth respondents on 14 May 2024. Her Honour held that:[1]

(a) Dr Haque's claims relating to his arrest on 12 February 2010 were barred by the doctrine of res judicata and Anshun estoppel, by reason of prior proceedings which related to the same events, which had been determined in the County Court[2] and subsequent appeals; and

(b) Dr Haque's claims relating to the 2010 arrest and 2012 arrest were out of time and that any applications for extensions of time should be refused, as the applications would have no real prospect of success.

3 Her Honour dismissed the proceeding and ordered that Dr Haque pay the Respondents' costs of the proceeding.[3]

4 Dr Haque appeals from these orders. He represented himself at the hearing and supplemented his detailed written submissions with oral submissions.

5 For the reasons that follow, I have concluded that there was no error in the Associate Judge's determination that summary judgment should be entered, that her Honour's determinations were correct, and the appeal must be dismissed.

Dr Haque's claims and the procedural background in this Court

The nature of the claims made by Dr Haque

6 Dr Haque filed his Writ and Statement of Claim in this Court on 22 November 2022 and effected service on the Respondents on 28 April 2023.

7 Dr Haque is highly qualified in engineering and technology and has studied and taught in universities overseas and in Australia.[4] From 2006 he was working as a taxi driver.[5] The two arrests which formed the basis of his claims relate to two sets of circumstances, for the most part arising from his work as a taxi driver.

8 The first set of claims related to Dr Haque having been arrested on 12 February 2010 at his home. The arrest related to theft charges relating to mobile phones left in the back of his taxi (which charges were, some months after the arrest, withdrawn); and to charges relating to reckless or dangerous driving arising out of an incident in November 2009 at Victoria University.[6]

*Rest of the document and Footnotes can be viewed at: (https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2024/703.html)

Disclaimer: Curated by HT Syndication.