Application by Michael Bar-Mordecai for Leave to Commence Proceedings [2012] NSWSC 942

Supreme Court New South Wales

Medium Neutral Citation: Application by Michael Bar-Mordecai for Leave to Commence Proceedings [2012] NSWSC 942 Hearing dates: On the papers Decision date: 17 August 2012 Jurisdiction: Common Law Before: Garling J Decision: Summons dismissed Catchwords: PRACTICE AND PROCEDURE - Vexatious Proceedings Act 2008 - application for leave to appeal - ordinary procedure - seeks to commence proceedings against seven Judges personally (two deceased) - no grounds - proceedings vexatious Legislation Cited: Civil Procedure Act 2005 Medical Practice Act 1992 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 Cases Cited: Application of Michael Bar-Mordecai [2012] NSWSC 501 Bar-Mordecai v Health Care Complaints Commission [2002] NSWCA 192 Fingleton v R [2005] HCA 34 (2005); (2005) 227 CLR 166 Category: Procedural and other rulings Parties: Michael Bar-Mordecai Representation: Counsel: M Bar-Mordecai (P) File Number(s): 2012/181853

Judgment 1On 8 June 2012, Mr Bar-Mordecai filed a Summons in which he sought that he be granted leave to institute proceedings "... by way of filing a summons for leave to file a leave to appeal and an appeal in the Court of Appeal ..." (sic). 2It is evident from the summons that Mr Bar-Mordecai wishes to appeal, or seek leave to appeal, against a decision of each of the following: (a)Blanch J (Chief Judge, District Court NSW) dated 2 September 1998; (b)Cooper DCJ dated 6 September 2000; (c)Murrell DCJ dated 18 March 2009; (d)The Court of Appeal dated 28 May 2002; (e)Schmidt J dated 19 June 2009. 3In addition to the orders set out in [1], the summons seeks the following orders: "2. Compensation and damages from the HCCC filing a complaint against Dr Bar-Mordecai in breach of s 48 of the Medical Practices Act 1992, and from motivating a complaint as the contradictor, and having Dr Bar-Mordecai deregistered on the basis of false allegations with loss of his professional earnings over 11.5 years. 3. Punitive, exemplary and reputational damages against the HCCC. 4. Compensation and damages from the Medical Board of NSW recently renamed the Medical Council of NSW, for conducting a litigation as a contradictor wrongly reliant on false expert witness evidence with which to mislead the Tribunal so that Dr Bar-Mordecai could not be reregistered. 5. Punitive, exemplary and reputational damages against the Medical Council of NSW now renamed." 4Leave of this Court under the Vexatious Proceedings Act 2008 for Mr Bar-Mordecai to institute proceedings is necessary because, on 25 February 2005, Patten AJ made an order pursuant to s 84 of the Supreme Court Act 1970, that Mr Bar-Mordecai obtain leave of the Supreme Court before instituting legal proceedings in any court. Section 84 has since been repealed and replaced by the Vexatious Proceedings Act 2008 ("the VP Act"). The consequence of this is that any application by Mr Bar-Mordecai is dealt with under the VP Act. 5In support of the application for leave Mr Bar-Mordecai filed an affidavit sworn on 8 June 2012 (of 32 pages), which contains over 220 pages of annexures. 6The matter was referred to me to be dealt with. On 22 June 2012, I directed that Mr Bar-Mordecai file all submissions upon which he wished to rely in support of a grant of leave within 21 days. On 9 July 2012, Mr Bar-Mordecai filed 37 pages of submissions. In addition, on 10 July 2012, Mr Bar-Mordecai filed a short supplementary submission of 2 pages.