The Court refused leave under s 52 of the Vexatious Proceedings Act 2014 (Vic) for a person subject to an extended litigation restraint order to commence a subsequent appeal against criminal conviction under s 326C of the Criminal Procedure Act 2009 (Vic). The Court held that the proposed evidence was not 'fresh' within s 326C(3) because it was available at trial or could have been adduced with reasonable diligence, and was not 'compelling' as it was substantially repetitive of evidence previously relied upon in rejected applications. The proposed proceeding was both vexatious (as an abuse of process and without reasonable grounds) and without a reasonable basis, failing both limbs of the s 53 test.
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