Knight v Hastings; Knight v Wise

[2012] VSCA 315

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Vexatious litigants
3. › Leave to commence proceedings
4. › Whether leave required to appeal from decision in proceedings for which leave was granted
5. › Whether appeal constitutes 'commencing' a legal proceeding
6. › Supreme Court Act 1986 (Vic), s 21(4)
1. Practice and Procedure
2. › Vexatious litigants
3. › Leave to appeal against refusal of leave to commence proceedings
4. › Threshold test
5. › Whether proposed proceedings foredoomed to fail
6. › Whether abuse of process
7. › Supreme Court Act 1986 (Vic), s 21(4)
1. Practice and Procedure
2. › Costs
3. › Discretion
4. › Appeal from costs order
5. › Whether special circumstances justified departure from general rule
6. › Whether proceeding was test case or in public interest
7. › Whether impecuniosity of unsuccessful party relevant
8. › House v The King principles
1. Administrative Law
2. › Judicial review
3. › Wednesbury unreasonableness
4. › Prisoner's application for in-cell computer
5. › Whether decision foredoomed to fail on unreasonableness ground
6. › Corrections Act 1986 (Vic)

Quick Take

A vexatious litigant who has been granted leave to commence proceedings under s 21(4) of the Supreme Court Act 1986 (Vic) must obtain further leave under s 21(4) to appeal from the decision in those proceedings, including costs orders. The s 21(4) threshold (not an abuse of process) is higher than the ordinary leave to appeal threshold. A vexatious litigant's threat to re-litigate if leave is refused supports refusal rather than grant of leave.