Silvano Lochner

The applicants sought an order of mandamus for a new pre-enquete hearing after a Justice of the Peace refused to issue process on a private information alleging perjury against a police officer.

The applicants argued the Justice of the Peace was biased, lost jurisdiction by refusing to hear evidence, and denied natural justice.

The Superior Court dismissed the application, finding no jurisdictional error, bias, or breach of procedural fairness.

The court also noted that the application was vexatious and an abuse of process, as the applicants were attempting to re-litigate a matter previously decided by another judge.

The moving parties, family members of a disabled plaintiff, brought a motion to remove the Public Guardian and Trustee (PGT) as his Litigation Guardian.

The underlying action involved allegations of police assault and the use of tasers.

The moving parties alleged the PGT was not acting in the disabled plaintiff's best interests by pursuing a settlement rather than proceeding to trial.

The court applied the 'best interests' test and found no evidence of misconduct, conflict of interest, or failure to disclose material facts by the PGT.

The motion to remove the PGT was dismissed.