Attorney General in and for the State of NSW v Bar-Mordecai [2013] NSWSC 129

Supreme Court New South Wales

Medium Neutral Citation: Attorney General in and for the State of NSW v Bar-Mordecai [2013] NSWSC 129 Hearing dates: 10 December 2012, 11 December 2012 Decision date: 27 February 2013 Jurisdiction: Common Law Before: Schmidt J Decision: Application for leave refused. Catchwords: PROCEDURE - notice of motion - leave sought under section 14 of the Vexatious Proceedings Act 2008 to bring proceedings in negligence - whether plaintiff entitled to press application for leave in relation to the proposed amended statement of claim - disputed expert reports - whether s 79 of the Evidence Act 2005 applies to the disputed reports - requirements of Rule 31.36 of the Uniform Civil Procedure Rules 2005 - whether the plaintiff has a prima facie case - no prima facie case established - whether plaintiff complied with s 14(3)(c) - obligation to disclose all material facts not complied with - whether plaintiff established that proceedings were not vexatious - not established - application for leave refused - orders - costs Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Evidence Act 1995 Medical Practice Act 1992 (repealed) Poisons Act 1966 Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 Vexatious Proceedings Restriction Act 2002 (WA) Cases Cited: Adeels Palace Pty Ltd v Moubarak [2009] HCA 48; (2009) 239 CLR 420 Attorney General v Bar-Mordecai [2005] NSWSC 142 Attorney General (NSW); Bar-Mordecai v State of New South Wales [2012] NSWCA 207 Attorney-General of NSW v Bar -Mordecai [2011] NSWSC 100 Attorney-General (NSW) v Bar-Mordecai [2009] NSWSC 218 Attorney-General for the State of New South Wales v Bar-Mordecai [2009] NSWSC 218