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AAP
AAP
National
Rex Martinich

Height fear man sues over upstairs court

Adrian Praljak says his fear of heights prevented him for entering Southport Court's first floor. (Regi Varghese/AAP PHOTOS) (AAP)

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.

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