Marcel Andre Nauer v Peter James Batterham [2020] NSWSC 240

Supreme Court New South Wales

Medium Neutral Citation: Marcel Andre Nauer v Peter James Batterham [2020] NSWSC 240 Hearing dates: 5 March 2020 Decision date: 19 March 2020 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: Order under s 8(7) of the Vexatious Proceedings Act 2008 (NSW) that Peter James Batterham be prohibited from instituting proceedings in New South Wales against Marcel Andre Nauer Catchwords: VEXATIOUS PROCEEDINGS – Vexatious Proceedings Act 2008 (NSW) s 8(7) – where defendant and his corporate alter egos have repeatedly, frequently, and unsuccessfully brought final and interlocutory proceedings against the plaintiff without reasonable cause in connection with the same underlying grievance – where substantial costs orders have been made against the defendant and his companies in favour of the plaintiff which have not been met and which have no prospect of being met – where the defendant has expressly stated that he will do all he can to destroy the plaintiff's solicitor, that he has nothing to lose in causing the plaintiff as much pain as he can, and that he is not going away – HELD – appropriate to make an order that the defendant be prohibited from instituting proceedings in NSW against the plaintiff. Legislation Cited: Vexatious Proceedings Act 2008 (NSW) Cases Cited: Finsec as Trustee of the Batterham Retirement Fund v Marcel Andre Nauer [No 2] [2020] NSWSC 238 Finsec Pty Limited as Trustee of the Batterham Retirement Fund v Marcel Andre Nauer [2019] NSWSC 1831 Maylord Equity Management Pty Limited as trustee of the Batterham Retirement Fund v Nauer [2017] NSWSC 634 Maylord Equity Management Pty Limited as trustee of the Batterham Retirement Fund v Nauer (No 2) [2017] NSWSC 1467 Maylord Equity Management Pty Limited as trustee of the Batterham Retirement Fund v Nauer [2018] NSWCA 76 Batterham v Nauer, in the matter of Peter James Batterham [2019] FCA 485 Teoh v Hunter's Hill Council (No 8) [2014] NSWCA 125 Category: Principal judgment Parties: Marcel Andre Nauer – Plaintiff Peter Batterham – Defendant Representation: Counsel: J.R. Clarke SC – Plaintiff P.J. Batterham – Defendant, Self-Represented