Mehajer v SC Lowy Primary Investments Pty Ltd

The case involved Mehajer, a well-known individual, who brought proceedings against SC Lowy Primary Investments Pty Ltd. The dispute was centred around the alleged misuse of funds and a complex web of legal actions that had been initiated by Mehajer. The case was heard in the Supreme Court of New South Wales, which was tasked with determining the merits of the allegations as well as the conduct of Mehajer in pursuing the litigation.

The court was required to decide whether Mehajer qualified as a vexatious litigant under the Vexatious Proceedings Act 2008 (NSW). The central legal issues revolved around the definition and application of the term "vexatious litigant" and whether the criteria set out in the Act were satisfied. The court also needed to consider whether Mehajer's conduct in initiating and pursuing the proceedings was oppressive, abusive, or otherwise vexatious, and if the granting of a declaration and orders was appropriate.

In delivering the judgment, the court examined the nature of the proceedings and the pattern of behaviour exhibited by Mehajer. It was noted that Mehajer had initiated numerous legal actions against various defendants, often without merit or a reasonable prospect of success. The court concluded that Mehajer's litigation conduct was indeed vexatious, as it was oppressive and abusive to the defendants, and had a detrimental impact on the administration of justice. Consequently, the court found that Mehajer qualified as a vexatious litigant and granted the declaration sought by SC Lowy Primary Investments Pty Ltd. The court also made orders under the Act, including a limitation on the number of proceedings Mehajer could initiate in the future without leave of the court.

No further orders were made beyond those required to restrict Mehajer's ability to initiate further proceedings without leave. The court emphasised the importance of ensuring that the legal system was not abused and that parties were held accountable for vexatious litigation.