Michael Bar-Mordecai v The Medical Council of New South Wales [2013] NSWMT 5

Medical Tribunal New South Wales Medium Neutral Citation: Michael Bar-Mordecai v The Medical Council of New South Wales [2013] NSWMT 5 Hearing dates: 25 March 2013; 3 April 2013 Decision date: 03 April 2013 Before: Colefax SC DCJ Decision: 1. Amended application dated 24 April 2013 is dismissed. 2. No further application to be accepted by the Tribunal without a further order from the Supreme Court of NSW. 3. Each party to bear its own costs. Catchwords: Medical practitioner - application to disqualify Deputy Chairperson refused - application to Tribunal struck out as an abuse of process - failures to comply with conditions of Supreme Court leave and directions of the Tribunal - inherent power in Tribunal of its own motion to strike out proceedings as an abuse of process. Legislation Cited: Supreme Court Act 1970 Vexatious Proceedings Act 2008 Cases Cited: British American Tobacco Australia Services Ltd v Laurie [2011] HCA 2 Re Dr AKS [2011] NSWMT 14 Metropolitan Bank v Pooley (1885) 10 App Cas 2 Rogers v the Queen (1994) 181 CLR 251 Walton v Gardiner (1993) 197 CLR 378 Batistatos v The Roads and Traffic Authority (2006) HCA 27 Sudath v Health Care Complaints Commission [2012] NSWCA 171 Category: Interlocutory applications Parties: Mr Michael Bar-Mordecai (Applicant) Medical Counsel of NSW (Respondent) Representation: Ms. D. Ward (Respondent) Mr. M. Bar-Mordecai (self represented) (Applicant) File Number(s): 40009/12 & 40011/12. Publication restriction: No