TM25 Holding B.V. v Redac International Pty Ltd

TM25 Holding B.V. (the applicant) sought to have Redac International Pty Ltd (the respondent) declared a vexatious litigant under section 8 of the Vexatious Proceedings Act 2008 (NSW). The applicant argued that the respondent had engaged in vexatious litigation against it and related entities, and that it was necessary to make an order to prevent further vexatious proceedings.

The primary legal issue before the court was whether the respondent had, in the period of seven years immediately preceding the application, *repeatedly* instituted or *persisted* in proceedings that were *frivolous, vexatious or an abuse of process*. The court was required to consider the nature and history of the proceedings instituted by the respondent, and whether these proceedings met the statutory threshold for a vexatious litigant order.

Judge Burchardt found that the respondent had indeed engaged in repeated litigation that was vexatious and an abuse of process. His Honour noted a pattern of the respondent initiating proceedings that were fundamentally flawed, lacking in merit, and pursued with a disregard for the legal process and the rights of the applicant. The court applied the principles established in cases concerning vexatious litigants, focusing on the objective assessment of the respondent's conduct and the impact of its litigation on the applicant and the administration of justice. The court concluded that the respondent's actions demonstrated a clear intention to harass and oppress the applicant through the courts.

Consequently, the court made an order under section 8 of the Vexatious Proceedings Act 2008 (NSW) declaring the respondent a vexatious litigant. The order prohibited the respondent from instituting proceedings in any New South Wales court or tribunal without the leave of the court.