Keane v Woolworths Group Ltd (No 4)

The proceeding concerned an application by Woolworths Group Ltd for an order declaring the applicant, Mr. Keane, a vexatious litigant under the *Vexatious Proceedings Act 2008* (NSW). Mr. Keane had commenced numerous proceedings against Woolworths and its employees, which the respondent argued were without merit and designed to harass and annoy. The application was heard by the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether Mr. Keane's litigation history demonstrated a pattern of vexatious conduct, warranting the imposition of a vexatious litigant order. This required the Court to consider the definition of "vexatious proceedings" under the Act, which includes proceedings that are an abuse of process or are frivolous, without reasonable grounds, or instituted or continued vexatiously. The Court also had to assess whether the orders sought by Woolworths were appropriate and proportionate to the conduct identified.

In its reasoning, the Court examined the extensive litigation history initiated by Mr. Keane, noting the repetitive nature of the claims and the lack of success in any of those proceedings. The Court applied the principles established in previous cases concerning vexatious litigants, emphasizing that the purpose of the Act is to protect the administration of justice and the public from the burden of baseless litigation. The Court found that Mr. Keane's actions constituted a clear pattern of vexatious conduct, amounting to an abuse of process and a significant drain on judicial and respondent resources.

The Court of Appeal made orders declaring Mr. Keane a vexatious litigant and prohibiting him from commencing or continuing any legal proceedings in New South Wales without the leave of the Supreme Court. The Court also ordered that Mr. Keane pay the costs of Woolworths Group Ltd in the application.