Application of Michael Bar-Mordecai [2013] NSWSC 1250

Supreme Court New South Wales

Medium Neutral Citation: Application of Michael Bar-Mordecai [2013] NSWSC 1250 Hearing dates: On the papers Decision date: 05 September 2013 Jurisdiction: Common Law Before: Garling J Decision: The application for leave to commence proceedings pursuant to s 14 of the Vexatious Proceedings Act 2008, contained in the Summons filed 8 March 2013, is dismissed. Catchwords: PROCEDURE - Vexatious Proceedings Act 2008 - Application for leave to institute proceedings - Ordinary Procedure - Whether proceedings to be instituted vexatious or lack prima facie ground - Proceedings vexatious - No matter of general principle Legislation Cited: Supreme Court Act 1970Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 Cases Cited: Application by Michael Bar-Mordecai [2012] NSWSC 501; Attorney-General v Bar-Mordecai [2005] NSWSC 142; Attorney-General in and for the State of New South Wales v Bar-Mordecai [2013] NSWSC 129; Attorney-General in and for the State of New South Wales v Bar-Mordecai [2013] NSWSC 153 Category: Principal judgment Parties: Michael Bar-Mordecai (A) Representation: In person (A) File Number(s): 2013/77667

Judgment - Application under Vexatious Proceedings Act 2008

The Application 1On 8 March 2013, Michael Bar-Mordecai, filed a Summons in which he claims the following relief: "1. An order that the plaintiff be granted leave to file a Statement of Claim against Dr [XY] for medical negligence." 2This is not the first application by Mr Bar-Mordecai with respect to his desire to commence proceedings against Dr XY for medical negligence. In a previous application, the Court has ordered that the proposed defendant, be referred to as Dr XY. Consistently with those orders, it is appropriate that in this application, the proposed defendant is again referred to as Dr XY. 3In support of the Summons, Mr Bar-Mordecai has filed a lengthy affidavit sworn 8 March 2013 of 91 pages, accompanied by two large folders of annexures. Mr Bar-Mordecai has also filed three additional affidavits, the first sworn on 27 March 2013, the second sworn on 20 June 2013, and the last sworn on 5 July 2013. 4In addition, Mr Bar-Mordecai has filed submissions on 27 March 2013.