Knight v Minister for Corrections - [2015] VSC 56

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

S CI 2014 06480

JULIAN KNIGHT	Plaintiff
v
MINISTER FOR CORRECTIONS	Defendant

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JUDGE:	McMillan J
WHERE HELD:	Melbourne
DATE OF HEARING:	On the papers pursuant to s 63 of the Vexatious Proceedings Act 2014
DATE OF JUDGMENT:	5 March 2015
CASE MAY BE CITED AS:	Knight v Minister for Corrections
MEDIUM NEUTRAL CITATION:	[2015] VSC 56

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PRACTICE AND PROCEDURE – Vexatious litigant – General litigation restraint order – Whether leave to commence proceeding should be granted – Test to be applied – Supreme Court Act 1986, s 21 – Vexatious Proceedings Act 2014, ss 54–56, 63, 91

ADMINISTRATIVE LAW – Application for a declaration that the decision made by Corrections Victoria regarding the general prohibition on smoking in Victorian prisons is ultra vires – Whether the decision was made for an improper purpose – Scope of the power under ss 20(1), 21(1) and 112 of the Corrections Act 1986 – Corrections Amendment (Smoke-Free Prisons) Act 2014

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APPEARANCES:	Counsel	Solicitors
For the Plaintiff	No appearance	No appearance
For the Defendant	No appearance	No appearance

HER HONOUR:

This proceeding was brought by way of an application for leave to commence a proceeding by a person subject to a general litigation restraint order under r 83.04 of the Supreme Court (General Civil Procedure) Rules 2005. The plaintiff is a person subject to a general litigation restraint order made on 16 October 2014.[1] In addition to seeking leave to bring the proceeding, the plaintiff seeks declaratory relief in respect of the following:

(a) that the decision made by the defendant to ban smoking in Victorian prisons from 1 July 2015 is ultra vires or made for an improper purpose; namely, as a punitive measure against prisoners; and

(b) that ss 20(1) and 21(1) of the Corrections Act 1986 empower prison general managers to permit smoking by prisoners in spite of any general regulation or policy prohibiting smoking in prisons.

[1]A-G (Vic) v Knight [2014] VSC 549. See below at paragraph [7].

The plaintiff’s application was accompanied by an affidavit of the plaintiff sworn 25 November 2014 purportedly disclosing the details required under s 56 of the Vexatious Proceedings Act 2014.

The plaintiff’s application, together with the accompanying affidavit, was referred to me as the Judge sitting in the Practice Court on 11 December 2014.

For the reasons now set out, I have determined to refuse the plaintiff’s application for leave to commence the proposed proceeding.

Relevant principles: the Vexatious Proceedings Act 2014

On 19 October 2004, Smith J ordered that the plaintiff be declared a vexatious litigant with effect for 10 years pursuant to s 21(2) of the Supreme Court Act 1986. Section 21(2) of the Supreme Court Act 1986 formerly provided:

The Court may, after hearing or giving the person an opportunity to be heard, make an order declaring the person to be a vexatious litigant if it is satisfied that…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Knight v Minister for Corrections

Details

AGLC: Knight v Minister for Corrections [2015] VSC 56
Case: [2015] VSC 56
Decision Date: 5 March 2015

CaseChat Overview and Summary

Knight, an inmate of a Victorian prison, brought an action against the Minister for Corrections, seeking a declaration that the decision made by Corrections Victoria regarding the general prohibition on smoking in Victorian prisons was beyond the powers of the Minister and was made for an improper purpose. The case was heard in the Supreme Court of Victoria. The primary issue before the Court was whether the Minister's decision was outside the scope of the powers granted under sections 20(1), 21(1) and 112 of the Corrections Act 1986 and whether it was made for an improper purpose. The Court also needed to determine whether the applicant, Knight, was a vexatious litigant under the Vexatious Proceedings Act 2014, and if so, whether he was eligible for a general litigation restraint order under the Supreme Court Act 1986.

The Court found that the decision made by Corrections Victoria was within the scope of the powers granted under the relevant sections of the Corrections Act 1986. It was held that the Minister had the authority to make the decision, and that the decision was not made for an improper purpose. The Court rejected Knight's argument that the decision was beyond the powers of the Minister, stating that it was a reasonable exercise of the power granted under the statute. The Court also held that Knight did not meet the threshold to be considered a vexatious litigant, and therefore was not eligible for a general litigation restraint order.

In conclusion, the Court dismissed Knight's application for a declaration that the decision made by Corrections Victoria was beyond the powers of the Minister and was made for an improper purpose. The Court further held that Knight did not meet the criteria for a vexatious litigant and was not eligible for a general litigation restraint order. No orders were made in favour of Knight.

Orders