Application of Bar-Mordecai [2020] NSWSC 796

Supreme Court New South Wales

Medium Neutral Citation: Application of Bar-Mordecai [2020] NSWSC 796 Hearing dates: On the papers Decision date: 24 June 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) In proceedings 2020/143803: (a) Refuse leave to institute proceedings. (b) Dismiss the summons. (2) In proceedings 2020/143835: (a) Refuse leave to institute proceedings. (b) Dismiss the summons. Catchwords: CIVIL PROCEDURE – vexatious litigants – Vexatious Proceedings Act 2008 (NSW) – leave to institute proceedings – leave to file Notice of Appeal in the Court of Appeal – leave refused Legislation Cited: Vexatious Proceedings Act 2008 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Application by Bar-Mordecai [2016] NSWSC 1728 Attorney General for NSW v Bar-Mordecai [2019] NSWSC 13 Attorney General v Bar-Mordecai [2005] NSWSC 142 Attorney-General of NSW v Bar-Mordecai [2011] NSWSC 100 Jewish National Fund of Australia Ltd v Bar-Mordecai [2020] NSWSC 384 Category: Principal judgment Parties: Michael Bar-Mordecai (Applicant) File Number(s): 2020/143803; 2020/143835

Judgment 1. HIS HONOUR: The applicant, Michael Bar-Mordecai, was declared a vexatious litigant in 2005 pursuant to orders made by Patten AJ in this Court: Attorney General v Bar-Mordecai [2005] NSWSC 142. Those orders prohibited the applicant from instituting proceedings in any court without the leave of this Court. On 2 November 2018, the orders were varied by Fagan J to provide that the applicant is prohibited from instituting proceedings in New South Wales without the leave of this Court: Attorney General for NSW v Bar-Mordecai [2019] NSWSC 13. The orders made in 2005 were pursuant to s 84(1) of the Supreme Court Act 1970 (NSW), which had been repealed by the time the 2018 orders were made. Accordingly, under transitional provisions, the 2005 orders were taken to have the effect of orders made pursuant to the Vexatious Proceedings Act 2008 (NSW) ("the Act"). 2. On 12 May 2020, the applicant filed two summons in this Court, each seeking leave to institute proceedings by filing notices of appeal in the Court of Appeal against orders made by Davies J in Jewish National Fund of Australia Ltd v Bar-Mordecai [2020] NSWSC 384 on 15 April 2020.