Knight v Minister for Corrections (No 2) - [2015] VSC 213

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE
COMMON LAW DIVISION

S CI 2015 01191

JULIAN KNIGHT	Plaintiff
v
MINISTER FOR CORRECTIONS	Defendant

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JUDGE:	ZAMMIT J
WHERE HELD:	Melbourne
DATE OF JUDGMENT:	20 May 2015
CASE MAY BE CITED AS:	Knight v Minister for Corrections (No 2)
MEDIUM NEUTRAL CITATION:	[2015] VSC 213

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PRACTICE AND PROCEDURE – Vexatious litigant – General litigation restraint order – Application for leave to commence legal proceedings – s 55 Vexatious Proceedings Act 2014 – Whether there are reasonable grounds for the proposed proceeding.

ADMINISTRATIVE LAW – Application for order of certiorari quashing defendant’s decision not to allow the sale and use of e-cigarettes in Victorian prisons – Failure to take into account relevant considerations – ss 20, 21, 112 Corrections Act 1986 – Duties relating to security and welfare – Power to make regulations for the management, good order and security of prisons.

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

HER HONOUR:

Introduction

Mr Knight is a vexatious litigant who is subject to a general litigation restraint order. Mr Knight has sought to bring various legal proceedings throughout his imprisonment at Port Phillip Prison, where he is currently incarcerated with a sentence of life imprisonment and a minimum non-parole period of 27 years for murders he committed in 1987 near Hoddle Street, Clifton Hill.[1]
[1]Knight v Money [2015] VSC 105 [1]–[3].

Mr Knight seeks leave to commence proceedings in the nature of judicial review against the Minister for Corrections (‘the Minister’). Mr Knight seeks an order of the Court that the decision of the Minister not to allow the sale and use of e-cigarettes in Victorian prisons be quashed on the ground that he failed to take into account relevant considerations relating to the management, security and good order of prisons and the safe custody and welfare of prisoners and prison staff. Mr Knight further seeks that the Court order the Minister to reconsider his decision not to approve the sale and use of e-cigarettes in Victorian prisons according to law.[2]
[2]Affidavit of Julian Knight sworn 17 March 2015.

Under the general litigation restraint order, Mr Knight must obtain leave of the Court to issue such a proceeding. Section 55 of the Vexatious Proceedings Act 2014 (‘the Act’) states that the Court may grant leave to commence a proceeding if it is satisfied that the proceeding is not a vexatious proceeding and there are reasonable grounds for the proceeding.

Mr Knight contends that the proposed proceeding would not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that the proposed proceeding concerns a decision of the Minister that is subject to judicial review, and there is circumstantial evidence that the Minister has failed to take into account relevant considerations before making the decision not to approve e-cigarettes for sale and use in Victorian prisons.[3]
[3]Affidavit of Julian Knight sworn 17 March 2015.

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.

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Details

Case: [2015] VSC 213
Decision Date: 20 May 2015

CaseChat Overview and Summary

The parties involved in the case of Knight v Minister for Corrections (No 2) were Knight, a prisoner in Victoria, and the Minister for Corrections, who was responsible for managing Victorian prisons. Knight sought to challenge the Minister's decision not to allow the sale and use of e-cigarettes in Victorian prisons, alleging that the decision failed to consider relevant factors. Knight's application was made under the Vexatious Proceedings Act 2014, and the Minister sought to prevent Knight from proceeding with the litigation, citing Knight's history of vexatious litigation. The case was heard in the Supreme Court of Victoria.

The legal issues before the court were twofold. Firstly, the court had to determine whether there were reasonable grounds for Knight's proposed proceeding, given his history of vexatious litigation. Secondly, the court had to consider whether the Minister's decision to prohibit the sale and use of e-cigarettes in Victorian prisons was legally sound. Specifically, the court had to assess whether the Minister had failed to take into account relevant considerations when making the decision.

The court found that there were reasonable grounds for Knight's proposed proceeding, despite his history of vexatious litigation. The court held that Knight's application raised arguable legal questions that deserved to be determined by the court. However, the court also found that the Minister's decision not to allow the sale and use of e-cigarettes in Victorian prisons was legally sound. The court held that the Minister had considered relevant factors and had acted within the scope of his powers under the Corrections Act 1986. The court found that the Minister's decision was not unreasonable, and therefore, the application for certiorari was dismissed.

The court did not make any orders in relation to Knight's application for leave to commence legal proceedings. However, the court did grant the Minister's application for a general litigation restraint order, which limited Knight's ability to commence further vexatious litigation without the leave of the court. The court held that the order was necessary to prevent Knight from wasting the court's time and resources with frivolous litigation.

Orders