NSW Caselaw
New South Wales Supreme Court
CITATION : Attorney-General of New South Wales v Bar-Mordecai (No 3) [2009] NSWSC 1242
HEARING DATE(S) : 27 October 2009
JUDGMENT DATE : 19 November 2009
JUDGMENT OF : Smart AJ
Leave granted to Mr Bar-Mordecai to commence proceedings against the State in the District Court. DECISION : Motion of 9 July 2009 of the Attorney-General seeking a stay or conditions as to pre-payment of costs dismissed. See paragraph 45 for detailed orders.
CATCHWORDS : Portions of Statement of Claim struck out due to pleading deficiencies. - In actions for wrongful arrest and false imprisonment once arrest and imprisonment proved defendant is required to justify each of these. - Leave to proceed on Statement of Claim with portions struck out. - Whether stay should be granted or pre-payment conditions as to costs imposed where plaintiff in impoverished circumstance and effect would be to stultify causes of action.
LEGISLATION CITED : Supreme Court Act 1970 Vexatious Proceedings Act 2008
CATEGORY : Principal judgment
Dallison v Caffery 1965 1 QB 348 CASES CITED : Hall v Nominal Defendant (1966) 117 CLR 423 Pedler v Hunters Hill Municipal Council (1976) 2 NSWLR 411 Williams v The Minister (1994) 35 NSWLR 497
PARTIES : Attorney-General In and For the State of New South Wales (Plaintiff) Michael Jacob Bar-Mordecai (Defendant)
FILE NUMBER(S) : SC 10622/04
COUNSEL : K Oliver (Attorney-General) MJ Bar-Mordecai in person
SOLICITORS : IV Knight, State Crown Solicitor (Attorney-General)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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