Bar-Mordecai v The Attorney-General for the State of New South Wales (No. 1) [2020] NSWSC 1216

Supreme Court New South Wales

Medium Neutral Citation: Bar-Mordecai v The Attorney-General for the State of New South Wales (No. 1) [2020] NSWSC 1216 Hearing dates: On the papers Date of orders: 11 September 2020 Decision date: 11 September 2020 Jurisdiction: Common Law Before: Davies J Decision: (1) In proceedings 2020/217314: (a) Refuse leave to institute proceedings. (b) Dismiss the summons. (2) In proceedings 2020/217322: (a) Refuse leave to institute proceedings. (b) Dismiss the summons. Catchwords: CIVIL PROCEDURE – vexatious litigants – Vexatious Proceedings Act 2008 (NSW) – leave to institute proceedings – where applicant has issued two summonses for leave to file notices of motion in proceedings seeking summary judgment for possession against him – applicant seeks leave to cross-examine witnesses and to issue a Notice to Produce – where notice under r 35.2 UCPR does not require leave under the Vexatious Proceedings Act – whether there is a prima facie ground for Notice to Produce – whether documents sought to be produced are relevant to any issue on the summary judgment application – where no basis for claim – leave refused Legislation Cited: Evidence Act 1995 (NSW) s 102 Uniform Civil Procedure Rules 2005 (NSW) r 35.2 Vexatious Proceedings Act 2008 (NSW) ss 6, 14, 15 Cases Cited: Application of Bar-Mordecai [2020] NSWSC 796 Attorney General v Bar-Mordecai [2004] NSWSC 1277 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Jewish National Fund of Australia Ltd v Bar-Mordecai [2020] NSWSC 384 Texts Cited: Nil Category: Procedural and other rulings Parties: Michael Bar-Mordecai (Plaintiff) The Attorney-General for the State of New South Wales (First Defendant) Jewish National Fund of Australia Ltd (Second Defendant) Representation: Counsel: On the papers