Knight v Sellman

In the matter of Knight v Sellman, the court addressed multiple applications for leave to commence proceedings by Mr Knight, a prisoner, against various respondents. These applications encompassed proposed claims for judicial review of administrative decisions relating to parole and an injunction against the prison manager for the provision of computer access. The core issues before the court were whether Mr Knight's applications met the legal standards for leave to proceed, particularly under the Vexatious Proceedings Act 2014 and the Supreme Court Act 1986. Additionally, the court examined whether the proposed claims were misconceived in law and unsupported in fact.

The court meticulously evaluated each application, focusing on the futility of the proposed claims and the potential vexatious nature of the litigation. For the judicial review claims, the court noted that the administrative decisions had been overtaken by events, rendering the proposed claims futile. Furthermore, the court assessed the proposed injunction claim, determining that it was misconceived in law as it misapprehended the jurisdiction of the Supreme Court and the common law right of access to the courts. The court also considered the human right to a fair trial under the Charter of Human Rights and Responsibilities Act 2006, concluding that the proposed proceeding was not supported by facts.

Consequently, the court found that Mr Knight's applications for leave to commence the proceedings were vexatious and should be dismissed. The court ruled that the applications were misconceived and unsupported in law and fact, and granted no leave to proceed. The court also dismissed Mr Knight's application for leave to bring the interlocutory application previously ordered by Daly AsJ. Finally, the court ordered that the costs of all the participants should lie where they fell, and issued orders to this effect.