Application by Bar-Mordecai re Vexatious Proceedings Act 2008 (NSW) [2011] NSWSC 1593

Supreme Court New South Wales

Medium Neutral Citation: Application by Bar-Mordecai re Vexatious Proceedings Act 2008 (NSW) [2011] NSWSC 1593 Hearing dates: On the papers Decision date: 20 December 2011 Jurisdiction: Common Law Before: Adamson J - In Chambers Decision: The Summons is dismissed. Catchwords: PRACTICE AND PROCEDURE - application for leave to institute proceedings where vexatious proceedings order made in respect of applicant - vexatious proceedings - meaning of vexatious proceedings Legislation Cited: Medical Practice Act 1992 (NSW) - s 92, s 94A Supreme Court Act 1970 (NSW) - s 84(1) Vexatious Proceedings Act 2008 (NSW) Cases Cited: - Attorney-General of NSW v Bar-Mordecai [2011] NSWSC 100 - Attorney General of NSW v Wilson [2010] NSWSC 1008 - Bar-Mordecai v Health Care Complaints Commission [2002] NSWCA 192 - Bar-Mordecai v Health Care Complaints Commission [2008] HCASL 421 - Brogden v Attorney-General [2001] NZCA 208; [2001] NZAR 809 - Minister Administering the Crown Lands (Consolidation) Act and the Western Lands Act v Tweed Byron Local Aboriginal Land Council (1990) 71 LGRA 201 Category: Principal judgment Parties: Michael Jacob Bar-Mordecai - Plaintiff Representation: N/A - on the papers N/A - on the papers File Number(s): 2011/155142

Judgment

Introduction 1The plaintiff seeks leave by summons to file two statements of claim. This Court's leave is required before the plaintiff may institute proceedings in any court by reason of the orders set out below. 2On 25 February 2005 Patten AJ made the following orders: "(1) That Michael Jacob Bar-Mordecai shall not, without leave of this Court institute proceedings in any court. (2) That any legal proceedings instituted by Michael Jacob Bar-Mordecai, in any court before the date of this order, shall not be continued by him without leave of this court. ... (5) That Michael Jacob Bar-Mordecai give not less than 3 days notice to Crown Solicitor of any application to institute proceedings for leave pursuant to orders 1 and 2 above": Attorney General (NSW) v Bar-Mordecai [2005] NSWSC 142. 3Those orders were made under s 84(1) Supreme Court Act 1970 (NSW). Since that time, s 84 has been repealed and the Vexatious Proceedings Act 2008 (NSW) ( VPA ) has been enacted. 4The Registrar made a directive in respect of the plaintiff on 26 November 2010, which relevantly directed that any applications by the plaintiff for leave to institute proceedings be dealt with after filing by a Judge in Chambers with no persons being present. 5On 3 March 2011 Davies J, on the application of the Attorney General of NSW, made the following orders ( Attorney-General of NSW v Bar-Mordecai [2011] NSWSC 100): "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." 6By reason of the Registrar's directive referred to above, this matter comes before me by way of chambers application.