Self-described international man of mischief Peter Foster says he's "not going away" after suffering a setback in an ownership row over a banned Australian racehorse.
"I have been in 21 jails in six countries - I don't scare easy," Mr Foster said.
The convicted conman is the agent for Benjamin Connolly Racing Trust (BCRT) which is seeking the return of former Group One winner Azkadellia in a multi-million dollar lawsuit.
Mr Foster alleges Azkadellia is illegally residing at a property of vehicle repair chain Ultra Tune's boss Sean Buckley in Victoria.
BCRT have launched a claim against a number of businessmen including Mr Buckley seeking the return of Azkadellia and her foal to Queensland along with $5 million in damages, Mr Foster says.
However, Mr Foster's legal team received a blow in Brisbane Supreme Court on Tuesday.
Justice Paul Freeburn accepted submissions from the eight defendants' lawyers that the statement of claim be struck out, saying it didn't make sense.
He described some of the material "woefully inadequate" and "unintelligible".
The defendants' legal team also successfully argued that Mr Foster's affidavit lodged on Tuesday be sealed by the court, claiming it contained scandalous assertions, was inadmissible and an attempt to embarrass their client.
But Mr Foster said the defendants' legal team had only "delayed the inevitable".
"I am not in the least disappointed with today. We knew we would lose on a technical argument," he told media outside court.
"They have used legal technicalities to try and conceal the truth but they have just delayed the inevitable."
A defiant Mr Foster said his legal team would refile their claim within 10 days.
"We will be back. I am not going away," he said.
"I am their worst nightmare. They were counting on the fact that I would stay in the background - well, I have pulled their pants down.
"They are in big trouble. We just need our day in court."
Azkadellia was suspended from racing in 2016, the same year she won the Group One Queen of the Turf Stakes at Randwick.
Racing Victoria banned Azkadellia after their probe into her ownership found Mr Foster was the likely owner, using an elaborate conspiracy to hide his connection with the mare.
