Marcel Andre Nauer v Peter James Batterham [2020] NSWSC 240

Marcel Andre Nauer v Peter James Batterham [2020] NSWSC 240

The repeated and unsuccessful proceedings brought by Batterham and his companies against Nauer, all arising from the same grievance and causing harassment and unrecoverable costs, constitute vexatious proceedings. It is appropriate, under s 8(7) of the Act, to prohibit Batterham from instituting further proceedings in NSW against Nauer.

Jurisdiction
Australia
Judgment Date
19 March 2020
Procedural Posture
Commercial List Proceeding / Final Judgment on Application for Vexatious Proceedings Order
Outcome
Vexatious proceedings order granted
Legal Topics
['vexatious Proceedings' 'abuse of Process']
['equity' 'civil Procedure'] ['vexatious Proceedings' 'abuse of Process']

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Procedural Posture

Commercial List Proceeding / Final Judgment on Application for Vexatious Proceedings Order

Legal Issues

  1. 1 ['Whether Peter James Batterham has frequently instituted or conducted vexatious proceedings in New South Wales against Marcel Andre Nauer' 'Whether it is appropriate to make an order prohibiting Batterham from instituting further proceedings against Nauer']

Ratio Decidendi

The repeated and unsuccessful proceedings brought by Batterham and his companies against Nauer, all arising from the same grievance and causing harassment and unrecoverable costs, constitute vexatious proceedings. It is appropriate, under s 8(7) of the Act, to prohibit Batterham from instituting further proceedings in NSW against Nauer.

Court Disposition

Vexatious proceedings order granted

Orders

  • ['Order made under s 8(7) of the Vexatious Proceedings Act 2008 (NSW) prohibiting Peter James Batterham from instituting proceedings in New South Wales against Marcel Andre Nauer' 'Any person acting in concert with Batterham may not institute such proceedings without leave of the Court']