Keane v Woolworths Group Ltd

The Supreme Court of South Australia, in the matter of *Keane v Woolworths Group Ltd*, considered an appeal and related applications brought by Thomas Courtney Keane against orders made by McDonald J. The primary dispute concerned a declaration by McDonald J that Mr Keane had persistently instituted proceedings without reasonable grounds, constituting vexatious litigation under s 39(5)(b) of the *Supreme Court Act 1935* (SA). Consequently, McDonald J had prohibited Mr Keane from instituting further proceedings in any South Australian court without the court's permission and permanently stayed proceedings he had commenced in the Adelaide Magistrates Court.

The legal issues before the Court of Appeal included whether McDonald J erred in declaring Mr Keane a vexatious litigant and in making the subsequent orders. Mr Keane contended that the decision was wrong, that evidence was not properly acknowledged, and that the orders hindered other applications. He argued that the application made by Woolworths Group Ltd under s 39 of the *Supreme Court Act 1935* (SA) was itself a vexatious abuse of process, initiated to disrupt his defamation proceedings against Mr Carter. Mr Keane's underlying grievance stemmed from a claim made by Mr Carter in August 2020 regarding alleged statutory rape of a fellow worker, which Mr Keane stated was the basis for his application against Woolworths Group Ltd.

The Court of Appeal, in its reasons, indicated that the appeal would be listed in the ordinary way before the Court of Appeal. The applications dated 12 February 2024 were dismissed.