Nauer v Batterham

Nauer v Batterham involves a vexatious litigant, Batterham, who has repeatedly brought proceedings against the plaintiff, Nauer, without reasonable cause. The dispute was heard by the Supreme Court of New South Wales, where the plaintiff sought an order prohibiting the defendant from instituting proceedings against them. The legal issues centred on whether the defendant's conduct constituted vexatious litigation under the Vexatious Proceedings Act 2008 (NSW) and whether an order prohibiting the defendant from bringing further proceedings was warranted. The court had to consider the repeated and unsuccessful litigation by the defendant and his corporate entities, the substantial costs orders that remained unpaid, and the defendant’s expressed intention to cause maximum harm to the plaintiff. The court found that the defendant's actions met the criteria for vexatious litigation, and granted the plaintiff's application. The court reasoned that the defendant's conduct was repetitive, had no reasonable cause, and had caused significant harm to the plaintiff. The court also noted that the defendant's refusal to pay costs and his threats to harm the plaintiff further justified the prohibition order. As a result, the defendant was prohibited from instituting any further proceedings against the plaintiff in New South Wales without the leave of the court.