Application by Michael Bar-Mordecai [2012] NSWSC 501

Supreme Court New South Wales

Medium Neutral Citation: Application by Michael Bar-Mordecai [2012] NSWSC 501 Hearing dates: 31/05/2012 Decision date: 08 June 2012 Jurisdiction: Civil Before: Garling J Decision: Application dismissed Catchwords: PRACTICE AND PROCEDURE - Vexatious Proceedings Act 2008 - Application for leave to institute proceedings - Ordinary Procedure - Whether supporting affidavit compliant - Whether proceedings to be instituted vexatious or lack prima facie ground - Whether appeal from decision disposing of the application - Proceedings vexatious Legislation Cited: Civil Procedure Act 2005 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 Cases Cited: Attorney-General v Bar-Mordecai [2011] NSWSC 100 Attorney-General v Bar-Mordecai [2005] NSWSC 142 Bar-Mordecai v Attorney-General of New South Wales [2012] NSWSC 453 House v The King [1936] HCA 40; (1936) 55 CLR 499 Category: Procedural and other rulings Parties: Michael Bar-Mordecai Representation: M Bar-Mordecai (in person)

File Number(s): 2012/160806

Judgment 1Mr Bar-Mordecai, by a summons filed 21 May 2012, applies for an order in the following terms: "An order that the Plaintiff be granted leave [a 16(3) order pursuant to the VPA] to institute proceedings by way of filing a leave to appeal the Cost Order of Beech-Jones J dated 24.5.2012 in the Court of Appeal." (sic) 2In support of that application Mr Bar-Mordecai relied upon an affidavit sworn 21 May 2012. 3As contemplated by the Vexatious Proceedings Act 2008, this application was heard ex parte.