Attorney General in and for the State of NSW v Bar-Mordecai [2010] NSWSC 323

New South Wales Supreme Court

CITATION : Attorney General in and for the State of NSW v Bar-Mordecai [2010] NSWSC 323 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 8 April 2010

JUDGMENT DATE : 23 April 2010

JUDGMENT OF : R A Hulme J

1. An order pursuant to s 98(4)(d) of the Civil Procedure Act 2005 that the defendant pay forthwith $10,000 as a proportion of the costs of the Attorney General for the State of New South Wales in respect of the order made by Johnson J on 31 March 2009 in Attorney General for the State of New South Wales v Bar Mordecai [2009] NSWSC 218. 2. Until such time as the above costs have been paid, the hearing of the second further amended notice of motion filed on 1 March 2010 is stayed and no further amended notice of motion is to be filed. DECISION : 3. The second further amended notice of motion is dismissed if the above costs have not been paid by 23 October 2010. 4. If the above costs are paid on or before 23 October 2010 the defendant is to have liberty to restore the matter to the list upon seven days notice for the purpose of satisfying the Court as to compliance with order 1 herein so as to permit the Court to make directions for the hearing of the second further amended notice of motion. 5. The defendant is to pay the plaintiff's costs of the plaintiff's notice of motion.

CATCHWORDS : PROCEDURE - miscellaneous procedural matters - other matters - vexatious litigant - extensive history of failure to comply with orders for costs - assessment of proportion of costs pursuant to s 98(4) of the Civil Procedure Act - PRACTICE - stay of further proceedings in which leave sought to institute proceedings until satisfaction of prior costs order pursuant to r 12.10 Uniform Civil Procedure Rules and/or stay of proceedings pursuant to s 67 Civil Procedure Act