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| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
PRACTICE COURT
No 9420 of 2003
| IN THE MATTER of an application for leave pursuant to s 21 of the Supreme Court Act 1986 | |
| BETWEEN | |
| JULIAN KNIGHT | Plaintiff |
| AND | |
| THE ATTORNEY GENERAL FOR THE STATE OF VICTORIA | Defendant |
| AND BETWEEN | |
| JULIAN KNIGHT | Proposed Plaintiff |
| AND | |
| ROBERT HASTINGS and | Proposed Defendants |
| DENNIS ROACH |
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JUDGE: | ROBSON J | |
WHERE HELD: | Melbourne | |
DATES OF HEARING: | 24 February and 10 March 2010 | |
DATE OF JUDGMENT: | 3 May 2010 | |
CASE MAY BE CITED AS: | Knight v Hastings | |
MEDIUM NEUTRAL CITATION: | [2010] VSC 99 | |
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VEXATIOUS LITIGANT - application for leave to institute proceedings by a prisoner against the prison authorities - proceedings seek an order in the nature of mandamus to compel the prison authorities to permit the applicant/prisoner the use of an in cell computer and/or appropriate declarations on ground that refusal to permit the use of an in cell computer is or will impede the prisoner’s common law right to unimpeded access to the courts in relation to the balance of the applications he seeks to bring against the prison authorities – application refused to bring proceedings for injunction - application granted to bring proceedings to seek a declaration – s 21 Supreme Court Act 1986
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APPEARANCES: | Counsel | Solicitors |
| For the plaintiff | In person | - |
| For the defendant | No appearance | |
| For the first proposed defendant | Mr Travis P Mitchell | Corrective Services |
| For the second proposed defendant | No appearance |
Cases cited:
Ainsworth v Criminal Justice Commission (1992) 175 CLR 564
Attorney-General (Victoria) v Knight [2009] VSC 465
Bennett v Bennett (2001) 167 FLR 137
Dagi v The Broken Hill Proprietary Co Ltd [2000] VSC 486
Knight v Anderson (2007) 16 VR 532
Knight v Corrections Victoria [2009] VSC 607
NAFC v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 126 FCR 99
Phillip Morris Ltd v Attorney-General (Vic) (2006) 14 VR 538
R v Rich (Ruling No 2) (2008) 184 A Crim R 161
R v Rich (Ruling No 3) [2008] VSC 219
R v Rich (Ruling No 20) [2009] VSC 24
R v Rich (Ruling No 22) [2009] VSC 39
R v Secretary of State for the Home Department; Ex parte Leech (No 2) [1994] QB 198
Rich v Groningen (1997) 95 A Crim R 272
Rich v Magistrates’ Court of Victoria [2007] VSC 65
Rich v Secretary to the Department of Justice [2007] VSC 405
Smith v Commissioner of Corrective Services [1978] 1 NSWLR 317
STAATS v United States of America (1992) 66 ALJR 793
HIS HONOUR:
INTRODUCTION AND SUMMARY
Julian Knight, a prisoner held at Port Phillip Prison (“PPP”), has been declared a vexatious litigant. By an originating motion and supporting summons dated 17 December 2009, Mr Knight seeks leave to commence proceedings by way of originating motion…
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- AGLC
- Knight v Hastings [2010] VSC 99
- Case
- [2010] VSC 99
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the applicant had a real prospect of success in his proposed litigation and whether the application for leave to bring proceedings should be granted. In particular, the court needed to consider whether the use of an in-cell computer was necessary to facilitate the applicant's right to unimpeded access to the courts. The court also needed to consider whether the applicant was a vexatious litigant who was abusing the legal process.
The court held that the applicant had not established a real prospect of success in his proposed litigation. The court found that the applicant's right to unimpeded access to the courts could be satisfied by other means, such as access to legal assistance and resources provided by the prison authorities. The court also found that the applicant was a vexatious litigant who had previously brought numerous applications against the prison authorities, many of which were frivolous or vexatious. The court refused the application for leave to bring proceedings for an injunction but granted the application for leave to bring proceedings to seek a declaration.
In summary, the court held that the applicant had not demonstrated a real prospect of success in his proposed litigation and that he was a vexatious litigant. The court refused the application for leave to bring proceedings for an injunction but granted the application for leave to bring proceedings to seek a declaration.
Orders
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Background
Background to the litigation
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Decision
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