Attorney -General of NSW v Bar -Mordecai [2011] NSWSC 100

Supreme Court New South Wales

Medium Neutral Citation: Attorney -General of NSW v Bar -Mordecai [2011] NSWSC 100 Hearing dates: 9 February 2011 Decision date: 03 March 2011 Before: Davies J Decision: On the Notice of Motion of the Attorney -General filed 3 November 2010: 1. I vacate order (5) made by Patten AJ on 25 February 2005 and substitute the following order: ( 5) That Michael Jacob Bar -Mordecai not serve on the Attorney General or the Crown Solicitor any application, or notice of any application or proposed application, for leave to institute or continue any proceedings, unless and until he shall have been ordered to do so pursuant to s 16(1)(a) of the Vexatious Proceedings Act 2008. 2. In addition to the orders made by Patten AJ on 25 February 2005 as varied in the previous order, I make the following additional order: (6) Any application by Michael Bar -Mordecai for leave to institute or continue any proceedings in which he is, or is proposed to be, the plaintiff, applicant or otherwise a moving party, shall be filed in the form of a Summons returnable in the Common Law division, and shall not be filed in the form of a Notice of Motion in these present proceedings. On the Attorney General's Notice of Motion filed 9 February 2011, I answer the question of law asked as follows: (a) No. (b) Yes. Catchwords: PROCEDURE - miscellaneous procedural matters - other matters - vexatious litigant - how leave applications should be commenced - procedure on leave applications - whether applicant can supplement evidence filed in support of a leave application - whether the Vexatious Proceedings Act excludes principles of case management and/or the inherent jurisdiction of the Court. Legislation Cited: Civil Procedure Act 2005 Interpretation Act 1987 Law Reform (Miscellaneous Provisions) Act 1946 Limitation Act 1969 Supreme Court Act 1970 Uniform Civil Procedure Rules Vexatious Proceedings Act 2008 Cases Cited: Attorney General v Bar -Mordecai (unreported - Harrison J - 21 October 2010) Attorney General (NSW) v Bar -Mordecai [2005] NSWSC 142 Attorney General in and for the State of NSW v Bar -Mordecai [2010] NSWSC 323 Browne v Commissioner for Railways (1935) 36 SR NSW 21 Hoban v Davey (1972) 1 NSWLR 59 Markisic v Commonwealth of Australia [2010] NSWSC 24 Markisic v Commonwealth of Australia [2010] NSWCA 273 The King v Wallis; ex parte Employers Association of Wool Selling Brokers (1949) 78 CLR 529 Category: Separate question Parties: Attorney General in and for the State of New South Wales (Plaintiff) State of New South Wales (Relevant Person) Nationwide News (Relevant Person) Dr XY (Relevant Person) Michael Jacob Bar -Mordecai (Defendant) Representation: Counsel: K Oliver (Plaintiff) G Bateman (State of New South Wales) Defendant (In Person) M Lynch (Dr XY) M Saunders (Nationwide News & Janet Fife -Yeomans) Solicitors: Crown Solicitor's Office (Plaintiff) Crown Solicitor's Office (State of New South Wales) Avant Law Pty Ltd (Dr XY) Blake Dawson (Nationwide News & Janet Fife -Yeomans) In person (Defendant) File Number(s): 2004/180898