Bar-Mordecai v The Attorney-General for the State of New South Wales (No 2) [2020] NSWSC 1217

Supreme Court New South Wales

Medium Neutral Citation: Bar-Mordecai v The Attorney-General for the State of New South Wales (No 2) [2020] NSWSC 1217 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 2020/229578: (a) Refuse leave to institute proceedings. (b) Dismiss the summons. (2) In proceedings 2020/229550: (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 defendant to possession proceedings issued summonses to amend defences in upcoming motions for summary judgment seeking possession against him – whether applications to amend are vexatious – where previous applications to amend refused - where applicant impliedly seeking to withdraw admissions he made at first instance – where amendments amount to challenges to judgment on earlier amendment applications – where leave refused to appeal against earlier judgment - where applications an abuse of process, instituted without reasonable ground and for a wrongful purpose – leave refused Legislation Cited: Vexatious Proceedings Act 2008 (NSW) ss 4, 5, 6, 14, 15 Cases Cited: Application of Bar-Mordecai [2020] NSWSC 796 Attorney General v Bar-Mordecai [2004] NSWSC 1277 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