Siemer application thrown out

The Supreme Court has dismissed another application by Vince Siemer to fight a Court of Appeal decision in a six-year dispute with receiver Michael Stiassny, calling his application "an abuse of process".

The Supreme Court judgment, delivered yesterday, ordered Siemer to pay Stiassny $2500 in costs.

In April 2005, Siemer was ordered to stop spreading defamatory material about Stiassny, a KordaMentha partner and Vector chairman.

Siemer posted defamatory material in two website postings, in letters to two newspapers and via stickers drawing attention to the sites.

The Supreme Court agreed with the Court of Appeal's decision that in December last year dismissed Siemer's appeal on a High Court order.

In July last year, High Court Judge Mark Cooper struck out another application by Siemer to set aside a permanent injunction that prohibits Siemer from publishing defamatory material about Stiassny and KordaMentha.

This application was based on Judge Cooper's December 2008 judgment that found Siemer liable for defamation and breach of contract and ordered him to pay Stiassny damages.

Judge Cooper also granted Stiassny a permanent injunction prohibiting Siemer from publishing defamatory material.

Judge Cooper said at the time it was apparent from the terms of the application that Siemer was attempting to pursue the same arguments that he had earlier raised, which meant the application was "vexatious and an abuse of process".

Stiassny told the Business Herald yesterday the years of legal dispute had been marked by a barrage of applications by Siemer and again the court had ruled against him. Stiassny was a former receiver for Siemer's company Paragon Oil.