Bar-Mordecai v Attorney General of New South Wales [2012] NSWSC 453

Supreme Court New South Wales

Medium Neutral Citation: Bar-Mordecai v Attorney General of New South Wales [2012] NSWSC 453 Hearing dates: 24 April 2012 Decision date: 24 April 2012 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) I grant leave to the Plaintiff to lodge with the executive officer of the Medical Council an application for review in the Medical Tribunal of New South Wales under s 163A of the Health Practitioner Regulation National Law for the review of the decision of 6 September 2000 that his name be removed from the register of medical practitioners on condition that: (a)The only grounds of the application be those that are identified in 5(a) and 5(e) of the proposed application, that is, annexure A to the Plaintiff's affidavit affirmed on 19 March 2012 and filed in these proceedings (the proposed application). (b)The relief sought be that identified in 7(b) of the proposed application. (c)The application not specify any other ground or any other form of relief. (d)The application not include the matters in paragraphs 6, 8 and 9 of the proposed application. (2) Plaintiff to pay a third of the Attorney General of New South Wales' and Medical Council of New South Wales' costs of today. Catchwords: VEXATIOUS LITIGANT - leave granted to institute proceedings - appropriate conditions on grant of leave - costs Legislation Cited: Health Practitioner Regulation National Law Medical Practice Act 1992 Supreme Court Act 1970 Vexatious Proceedings Act 2008 Cases Cited: Attorney General v Bar-Mordecai [2005] NSWSC 142 Attorney General of NSW v Bar-Mordecai [2011] NSWSC 100 Bar-Mordecai v Health Care Complaints Commission [2002] NSWCA 192 Category: Principal judgment Parties: Michael Bar-Mordecai (Plaintiff) Attorney General of New South Wales (First Defendant) Medical Council of New South Wales (Second Defendant) Representation: Counsel: Mr Michael Bar-Mordecai (Litigant in Person) Mr J S Emmett (First Defendant) Ms D Ward (Second Defendant) Solicitors: Crown Solicitor's Office (First and Second Defendants) File Number(s): 2012/87278