Bathis-Brown v Woods [2015] NSWSC 1194

Supreme Court New South Wales

Medium Neutral Citation: Bathis-Brown v Woods [2015] NSWSC 1194 Hearing dates: 30 & 31 March 2015 Decision date: 25 August 2015 Jurisdiction: Common Law Before: Hall J Decision: (1) Pursuant to s 8(7)(a) of the Vexatious Proceedings Act 2008 ("the Act"), the whole of proceedings no. 2014/63258, commenced by the defendant against the first plaintiff on 28 February 2014 in the Local Court at Wyong for an Apprehended Personal Domestic Violence Order, is stayed.

(2) Pursuant to s 8(7)(a) of the Act, the whole of proceedings no. 2014/63277, commenced by the defendant against the second plaintiff on 28 February 2014 in the Local Court at Wyong for an Apprehended Personal Domestic Violence, Order is stayed.

(3) Pursuant to s 8(7)(b) of the Act, the defendant is prohibited from commencing proceedings in New South Wales against either the first or second plaintiff in which orders in the nature of Apprehended Violence Orders are sought.

(4) Unless written application is made to my Associate within seven days for a different order, order the defendant to pay the plaintiffs' costs of the proceedings. Catchwords: PROCEDURE – Vexatious proceedings – Application made under s 8(a) Vexatious Proceedings Act 2008 seeking orders staying two proceedings instituted by the defendant – Application for order prohibiting defendant from commencing proceedings in New South Wales under s 8(b) Vexatious Proceedings Act 2008 – Meaning of vexatious proceedings – Whether defendant's applications for Apprehended Domestic Violence Orders against the plaintiffs were vexatious – Evidence indicated applications were retaliatory to applications made by the first plaintiff – Defendant had failed to pursue and support applications with cogent and consistent evidence – Applications for Apprehended Violence Orders found to be vexatious – Orders made staying two sets of proceedings commenced against the plaintiffs – Order made prohibiting the defendant from commencing proceedings for Apprehended Violence Orders against the plaintiffs Legislation Cited: Domestic and Family Violence Protection Act 2012 (Qld) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Attorney General (NSW) v Wilson [2010] NSWSC 1008 Attorney General in and for the State of NSW v Gargan [2010] NSWSC 1192 Teoh v Hunters Hill Council (No 8) [2014] NSWCA 125 Viavattene v Attorney General (NSW) [2015] NSWCA 44 Texts Cited: Oxford English Dictionary, Online, March (2014), Oxford University Press Category: Principal judgment Parties: Lauren Ann Bathis-Brown (First Plaintiff) Kevin Bathis (Second Plaintiff) David Woods (Defendant) Representation: Counsel: R Wilson SC; S Spadijer (Plaintiffs) In person (Defendant)