NSW Caselaw
New South Wales Supreme Court
CITATION : Hillston Estate - Allan Hillston [2010] NSWSC 465
HEARING DATE(S) : 12 May 2010
JUDGMENT DATE : 12 May 2010
JURISDICTION : Equity Division Probate List
JUDGMENT OF : Palmer J
EX TEMPORE JUDGMENT DATE : 12 May 2010
DECISION : Leave refused.
CATCHWORDS : PROCEDURE – Application by vexatious litigant for leave to institute proceedings – whether application is one "to institute proceedings" for the purposes of s 14(2) Vexatious Proceedings Act – whether material put forward to the Court justifies the granting of leave.
LEGISLATION CITED : Vexatious Proceedings Act 2008 (NSW) – s 14
CATEGORY : Principal judgment
PARTIES : Allan David James Hillston (Plaintiff) Michael Bar-Mordecai (Interested party)
FILE NUMBER(S) : SC 2007/289166
COUNSEL : D.P. Courtenay (Plaintiff) In person (Interested party)
SOLICITORS : Courtenay & Co (Plaintiff)
2007/289166 Hillston Estate: Allan Hillston
JUDGMENT on Mr Bar-Mordecai's Amended Notice of Motion – Ex tempore
12 May , 2010
1 By an Amended Notice of Motion sought to be filed in Court, Mr Bar-Mordecai seeks leave to prosecute certain claims in opposition to an application by the Executor of the estate for the passing of accounts and for commission. The leave of the Court to prosecute those claims is required because Mr Bar-Mordecai has been declared a vexatious litigant. 2 Section 14 of the Vexatious Proceedings Act 2008 (NSW) relevantly provides: " Application for leave to institute proceedings
(1) This section applies to a person ( the applicant ) who is: (a) subject to a vexatious proceedings order prohibiting the person from instituting proceedings, or
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