Keane v Woolworths Group Ltd (No 3)

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 Keane had initiated a significant number of proceedings, many of which had been dismissed or withdrawn, and that the claims raised were often repetitive and lacked any reasonable prospect of success.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.