| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
No. 9420 of 2003
IN THE MATTER of Section 21 of the Supreme Court Act 1985 (Vic)
| JULIAN KNIGHT | Plaintiff |
| v | |
| BRENDAN MONEY | Defendant |
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JUDGE: | BYRNE J | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 1-2 JUNE 2009 | |
DATE OF JUDGMENT: | 2 JUNE 2009 | |
CASE MAY BE CITED AS: | KNIGHT v MONEY | |
MEDIUM NEUTRAL CITATION: | [2009] VSC 242 | revised 10 July 2009 |
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Practice and procedure – vexatious litigant – application for leave to commence proceeding – proceeding to compel prison authority to permit use of computer in cell.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | The Plaintiff appeared in person. | |
| For the Defendant | Mr P Hanks of Senior Counsel and Ms C Harris of Counsel. | Corrections Victoria |
HIS HONOUR:
The plaintiff, Julian Knight, is a prisoner presently located at Port Phillip Prison. He is serving a life sentence and is not eligible for parole until 2014. Between 2001 and 2003, he commenced a number of proceedings in the courts and in VCAT as a consequence of which he was, on 19 October 2003, declared to be a vexatious litigant. In this proceeding, he seeks leave pursuant to s.22 of the Supreme Court Act to commence proceeding against the defendant, Brendan Money, who is the Acting Assistant Commissioner appointed under the provisions of the Corrections Act 1986.
The proposed claim arises out of the defendant's rejection of an application made by the plaintiff to the manager of the Port Phillip Prison for permission to have a personal in-cell computer. There were possibly two such applications. The first was lodged in July 2008 and addressed to the general manager of the prison. It appears that this application was viewed sympathetically, although no formal acceptance was provided.
The evidence shows that the processes were set in train for the purchase of the computer as would have been the case had the application been granted. This state of affairs continued until late in 2008 when an issue arose as to the use Mr Knight had made in August or thereabouts of a computer in the prison library. He sought before me to explain how this occurred and that it was innocent and harmless. I do not enter upon this issue. It is sufficient for my purposes that this had the effect of interrupting the purchase process.
As a consequence of his urgings and perhaps of some pressure from the Ombudsman, Mr Money wrote to Mr Knight on 22 December 2008, speaking of the requirement that he demonstrate that there was some necessity that he have an in-cell computer. This provoked a lengthy letter from Mr Knight to Mr Money dated 6 January 2009 in which he developed this point and dealt with some others. This letter was treated as a resubmission of the July 2008 application and therefore as a fresh application whereas it might, I think, have been in pursuit of the earlier application. In any event, the consequence…
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- Knight v Money [2009] VSC 242
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- [2009] VSC 242
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CaseChat Overview and Summary
The primary legal issues before the court were whether the application constituted a vexatious litigant and whether the court should grant leave for the plaintiff to proceed with his proposed action. The court had to consider the criteria for determining a vexatious litigant and assess whether the proposed proceeding met those criteria. Additionally, the court needed to evaluate the merits of the plaintiff's case and determine whether the proposed proceeding was likely to succeed.
In delivering the judgment, the court determined that the application did not meet the criteria for a vexatious litigant. The court held that the plaintiff's proposed proceeding did not demonstrate a pattern of vexatious litigation, as it was a singular application concerning a specific issue. The court also found that the proposed proceeding had some merit and was not entirely without foundation. Consequently, the court granted the plaintiff leave to commence the proceeding against the prison authority to seek permission to use a computer in his cell. The court emphasised the importance of ensuring that prisoners have access to necessary resources, such as computers, to facilitate their rehabilitation and reintegration into society.
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