Keane v Woolworths Group Ltd (No 3)

SUPREME COURT OF SOUTH AUSTRALIA
(Court of Appeal: Civil)
KEANE v WOOLWORTHS GROUP LTD (No 3)
[2024] SASCA 87
Judgment of the Honourable Justice Doyle
25 July 2024
PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - VEXATIOUS LITIGANTS, PROCEEDINGS AND RELATED MATTERS - OTHER MATTERS
The applicant has been declared a vexatious litigant pursuant to s 39 of the Supreme Court Act 1935 (Cth). The application is dismissed.
Supreme Court Act 1935 (SA) s 39, referred to.
Keane v Woolworths Group Ltd [2024] SASCA 15; Keane v Woolworths Group Ltd (No 2) [2024] SASCA 39; Woolworths Group Ltd v Keane [2024] SASC 12, considered.

KEANE v WOOLWORTHS GROUP LTD (No 3)
[2024] SASCA 87
Court of Appeal - Civil

DOYLE JA: On 2 February 2024, the applicant was declared a vexatious litigant pursuant to s 39 of the Supreme Court Act 1935 (SA).[1] He has appealed that decision.
[1] Woolworths Group Ltd v Keane [2024] SASC 12.
The applicant has previously brought applications in these appeal proceedings which have been refused.[2]
[2] Keane v Woolworths Group Ltd (No 2) [2024] SASCA 39; Keane v Woolworths Group Ltd [2024] SASCA 15.
In this further application by the applicant, he seeks a number of orders. The application is accompanied by an affidavit and submissions prepared by the applicant. To the extent that I have been able to discern what the applicant seeks, and his bases for seeking it, his concerns seem to be largely related to his underlying and ongoing disputes with the respondent rather than the appeal.
No proper basis for the various allegations and complaints made has been identified. But further, and in any event, the allegations and complaints made by the applicant are not legitimately ancillary to the hearing and determination of the applicant’s appeal.
The application is dismissed.

CaseChat Overview and Summary

The proceeding concerned an application by Woolworths Group Ltd for an order declaring Mr. Keane a vexatious litigant under section 10 of the Vexatious Proceedings Act 2008 (SA). Mr. Keane had commenced numerous proceedings against Woolworths and its employees, which the company argued were without merit and designed to harass and annoy. The application was heard by Doyle J in the Supreme Court of South Australia.

The central legal issue before the Court was whether Mr. Keane's conduct in commencing and prosecuting multiple proceedings against Woolworths met the criteria for being declared a vexatious litigant under the Act. Specifically, the Court had to determine if his litigation was "frivolous, vexatious or an abuse of process" and if it was "likely to degenerate into an abuse of process."

Doyle J found that Mr. Keane had engaged in a pattern of litigation that was indeed vexatious and an abuse of process. His Honour noted that Mr. Keane had initiated a significant number of proceedings, many of which had been dismissed or withdrawn, and that the claims raised were often repetitive and lacked any reasonable prospect of success. The Court applied the principles established in cases concerning vexatious litigants, emphasizing the need to balance the right of access to courts with the protection of individuals and entities from unwarranted litigation. The Court considered the history of Mr. Keane's litigation, the nature of the claims, and the lack of any discernible legitimate purpose behind them.

Consequently, Doyle J made an order declaring Mr. Keane a vexatious litigant and prohibiting him from instituting or continuing any proceedings in any court or tribunal in South Australia without the leave of the Supreme Court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established