Keane v Woolworths Group Ltd (No 2)

This matter came before the Supreme Court of South Australia on an application by the appellant, Mr Keane, seeking to continue litigation against Woolworths Group Ltd. Mr Keane had been dismissed from his employment with Woolworths for misconduct and subsequently filed an unfair dismissal application in the Fair Work Commission. Following a settlement agreement and a decision by the Commission dismissing his application, Mr Keane initiated numerous proceedings in various courts, including the Fair Work Commission, the Federal Court of Australia, the Magistrates Court, and the Supreme Court of South Australia. Justice McDonald had previously declared Mr Keane a vexatious litigant under section 39 of the Supreme Court Act 1935 (SA), finding that he was attempting to relitigate concluded matters and that there were no reasonable grounds for his proceedings.

The legal issues before the Court of Appeal concerned whether Mr Keane should be permitted to commence or recommence proceedings, specifically in relation to his application dated 22 March 2024, which sought to pursue interrogatories against Woolworths. These interrogatories were directed at the propriety of Woolworths' conduct and that of its employees towards Mr Keane, including allegations of a conspiracy and improper investigations. The Court was required to determine if these proposed proceedings were warranted, particularly in light of the prior vexatious litigant declaration.

The Court determined that it was appropriate to defer a decision on whether Mr Keane should be permitted to commence or recommence proceedings until the outcome of his appeal against the vexatious litigant declaration was known. The Court reasoned that the appellant's application was intrinsically linked to the appeal concerning the vexatious litigant judgment. Therefore, the application dated 22 March 2024 was dismissed, with the question of costs to be determined at the appeal hearing.