NSW Caselaw
New South Wales Supreme Court
CITATION : Attorney General for the State of New South Wales v Bar-Mordecai [2009] NSWSC 396
HEARING DATE(S) : 10 & 11 December 2008
JUDGMENT DATE : 18 May 2009
JUDGMENT OF : Smart AJ
DECISION : leave to bring proceedings raising some causes of action but not others; Mr Bar-Mordecai to serve draft amended statement of claim complying with the Rules of Pleading before proceeding further
CATCHWORDS : Vexatious litigant - claims not an abuse of process and prima facie ground exists for some claims, i.e. unlawful arrest, false imprisonment (part) and assault - no prima facie ground for negligence and malicious prosecution claims - defective and embarrassing draft further amended statement of claim - needs to be redrawn
Crimes (Domestic and Personal Violence) Act 2007 (NSW) LEGISLATION CITED : Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Supreme Court Act 1970 (NSW) Vexatious Proceedings Restriction Act 2002 (WA)
CATEGORY : Principal judgment
Graham v Sutton, Carden & Co 1897 2 Ch 367 CASES CITED : Hunter v Commissioner of Police [2003] WASC 10; BC 2003 00042 Phillip Morris Ltd v Attorney General for State of Victoria [2006] VSCA 21; (2006) 14 VR 538 Williams v Minister, Aboriginal Land Rights Act (1994) 35 NSWLR 497
TEXTS CITED : Criminal Practice and Procedure NSW
PARTIES : Attorney General for the State of New South Wales Michael Jacob Bar-Mordecai
FILE NUMBER(S) : SC 10622/04
COUNSEL : K Oliver (for Attorney General) Mr MJ Bar-Mordecai (in person)
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