Bathis-Brown v Woods [2015] NSWSC 1194

Bathis-Brown v Woods [2015] NSWSC 1194

The defendant's applications for Apprehended Domestic Violence Orders and civil proceedings against the plaintiffs were frequently instituted without reasonable ground, in retaliation for proceedings brought by the plaintiffs, and were found to constitute vexatious proceedings under the Vexatious Proceedings Act 2008 (NSW). The pattern and timing of applications demonstrated abuse of process intended to harass and annoy the plaintiffs.

Parties
First Plaintiff: Lauren Ann Bathis-Brown; Second Plaintiff: Kevin Bathis; Defendant: David Woods
Jurisdiction
Australia
Judgment Date
25 August 2015
Procedural Posture
Summons for Vexatious Proceedings Order / Final Judgment
Outcome
Vexatious proceedings order granted; proceedings stayed; prohibition order; costs ordered against defendant.
Legal Topics
Vexatious Proceedings, Apprehended Violence Orders, Abuse of Process
Civil Procedure Vexatious Proceedings Apprehended Violence Orders Abuse of Process

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Parties

Lauren Ann Bathis-Brown

First Plaintiff

Kevin Bathis

Second Plaintiff

David Woods

Defendant

Procedural Posture

Summons for Vexatious Proceedings Order / Final Judgment

Legal Issues

  1. 1 Whether the defendant's applications for Apprehended Domestic Violence Orders against the plaintiffs were vexatious
  2. 2 Whether civil proceedings commenced by the defendant were vexatious
  3. 3 Whether the defendant should be prohibited from commencing further proceedings against the plaintiffs

Ratio Decidendi

The defendant's applications for Apprehended Domestic Violence Orders and civil proceedings against the plaintiffs were frequently instituted without reasonable ground, in retaliation for proceedings brought by the plaintiffs, and were found to constitute vexatious proceedings under the Vexatious Proceedings Act 2008 (NSW). The pattern and timing of applications demonstrated abuse of process intended to harass and annoy the plaintiffs.

Court Disposition

Vexatious proceedings order granted; proceedings stayed; prohibition order; costs ordered against defendant.

Orders

  • Proceedings no. 2014/63258, commenced by the defendant against the first plaintiff in the Wyong Local Court for an Apprehended Personal Domestic Violence Order, stayed pursuant to s 8(7)(a) of the Vexatious Proceedings Act 2008 (NSW).
  • Proceedings no. 2014/63277, commenced by the defendant against the second plaintiff in the Wyong Local Court for an Apprehended Personal Domestic Violence Order, stayed pursuant to s 8(7)(a) of the Act.