Mehajer v SC Lowy Primary Investments Pty Ltd [2022] NSWSC 689

Supreme Court New South Wales

Medium Neutral Citation: Mehajer v SC Lowy Primary Investments Pty Ltd [2022] NSWSC 689 Hearing dates: 11-12 October 2021; 22 February 2022 Decision date: 27 May 2022 Jurisdiction: Equity Before: Lindsay J Decision: Subject to allowing all affected parties to the proceedings an opportunity to be heard as to the form of orders to be made, and costs, the Court proposes to make orders to the following effect: (1) ORDER that the proceedings initiated by the plaintiff's statement of claim filed on 9 April 2020 be stayed until further order. (2) ORDER, pursuant to section 8(7)(b) of the Vexatious Proceedings Act 2008 NSW, that the plaintiff, by himself, his servants or agents, be prohibited from instituting any proceedings in any New South Wales court or tribunal, either in his own name or in the name any other person or company, other than with the prior leave of a Judge of this Court under the Act. (3) ORDER, pursuant to section 8(7)(c) of the Vexatious Proceedings Act 2008 NSW, that the plaintiff, by himself his servants or agents, be prohibited from serving on any other person any document purporting to be an originating process unless it is accompanied by a copy of the signed order of a Judge of this Court granting leave for him to institute proceedings by that originating process. (4) NOTE, for the purpose of these orders, the plaintiff shall be taken to do something in the name of another person or company if he signs any document in the name of, or purportedly on behalf of, any other person or company, or files, or causes it to be filed, with a court or tribunal, or makes any oral application to any court or tribunal in the name of, or purportedly on behalf of, any other person or company. (5) NOTE that these orders do not prevent the plaintiff's trustee in bankruptcy from commencing any proceedings in the plaintiff's name or on the plaintiff's behalf. (6) ORDER that the plaintiff pay the costs of the defendants in the proceedings, as agreed or assessed. Catchwords: CIVIL PROCEDURE – Parties – Vexatious litigants – Declaration of – orders under the Vexatious Proceedings Act 2008 (NSW) Legislation Cited: Bankruptcy Act 1966 Cth Corporations Act 2001 Cth Felons (Civil Proceedings) Act 1981 NSW Vexatious Proceedings Act 2008 NSW Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Attorney General in and for the State of NSW v Gargan [2010] NSWSC 1192 Attorney General of NSW v Wilson [2010] NSWSC 1008 Bi v Mourad [2010] NSWCA 17 Bryant v Commonwealth Bank of Australia (1997) 75 FCR 545 Cox v Journeaux (No 2) (1935) 52 CLR 713 Daemar v Industrial Commission of NSW (1988) 12 NSWLR 45 In the matter of Sydney Project Group Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) [2017] NSWSC 881 Mahmoud v Attorney General of New South Wales [2017] NSWCA 12 Mehajer (A Bankrupt) v SC Lowy Primary Investments Ltd (A Company Incorporated in Hong Kong) [2020] FCA 125 Mehajer (Bankrupt) v Weston (Trustee) [2020] FCA 596 Mehajer v Seven West Media [2021] NSWDC 379 Mehajer v Weston [2020] FCA 924 Mehajer v Weston in his capacity as trustee of the bankrupt estate of Salim Mehajer [2019] FCA 1713 Potier v Attorney General in and for the State of New South Wales (2015) 89 NSWLR 284 Quach v New South Wales Health Care Complaints Commission; Quach v New South Wales Civil and Administrative Tribunal [2017] NSWCA 267 Viavattene v Attorney General (NSW) [2015] NSWCA 44 Walton v Gardiner (1993) 177 CLR 378 Wang v Botany View Hotel (No 4) [2019] NSWSC 1323 Zepinic v Chateau Constructions (Aust) Limited [2018] NSWCA 317 Category: Procedural rulings Parties: Plaintiff: Salim Mehajer First Defendant: SC Lowy Primary Investments Pty Ltd Second Defendant: LIM advisors Third Defendant: Auckland LID Pty Ltd Fourth Defendant: Peter Shear Fifth Defendant: Benjamin Madsen Sixth Defendant: Madison Marcus Law Firm Seventh Defendant: Madison Marcus Advisory Eighth Defendant: Ramy Qutami Ninth Defendant: Bechara Shamieh Tenth Defendant: Kenneth Wen His Lee Eleventh Defendant: Christopher Jarrett Twelfth Defendant: Maya Frost Thirteenth Defendant: Balari Pty Ltd Fourteenth Defendant: Todd Andrew Gammel and Barry Anthony Taylor of HLB MANN JUDD Fifteenth Defendant: JLL Residential Projects Sixteenth Defendant: Ed Tancred Seventeenth Defendant: Charles Gittany Representation: Counsel: Plaintiff: Self-Represented First, Second, Fourth, Fifth and Fourteenth Defendants: A Leopold SC with B Koch Sixth, Eighth and Ninth Defendants: J Emmett SC Eleventh, Twelfth and Thirteenth Defendants: S Odgers, Solicitor