Knight v General Manager, HM Prison Barwon

Knight, a prisoner, applied to the Supreme Court for leave to commence an action against the General Manager of HM Prison Barwon. The prisoner alleged that a strip search he was subjected to while visiting the prison breached his right to privacy under section 10(b) of the Charter of Human Rights and Responsibilities Act 2006 (Vic). The court was required to determine whether the application was vexatious and thus, under the Vexatious Proceedings Act 2014 (Vic), should be dismissed. The court considered the relevant criteria for a vexatious litigant and whether the application met the threshold for dismissal.

The court found that the prisoner had previously commenced numerous proceedings against the respondent and other prison officers, many of which were dismissed as vexatious. The court considered that the application was substantially similar to the prisoner's previous claims and did not demonstrate any new evidence or arguments. The court also noted that the prisoner had been warned that any further vexatious applications would be struck out. Given these factors, the court found that the application was vexatious and should be dismissed.

In reaching its decision, the court emphasised the importance of preventing vexatious litigation, particularly in cases involving prisoners who may have a history of making frivolous claims. The court also noted that the prisoner had not demonstrated any new evidence or arguments to support his claim, and that his previous warnings had been ignored. The court dismissed the application and noted that any further vexatious applications would be dealt with severely.

The court ordered that the application be dismissed with costs and that the prisoner pay the respondent's costs of the application. The court also noted that any further vexatious applications would be dealt with severely and may result in the imposition of additional penalties.