Application of Michael Bar-Mordecai [2013] NSWSC 1251

Supreme Court New South Wales

Medium Neutral Citation: Application of Michael Bar-Mordecai [2013] NSWSC 1251 Hearing dates: On the papers Decision date: 05 September 2013 Jurisdiction: Common Law Before: Garling J Decision: Application for leave to commence proceedings pursuant to s 14 of the Vexatious Proceedings Act 2008, contained in the Summons filed 23 July 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 1970 Vexatious Proceedings Act 2008 Cases Cited: Application by Michael Bar-Mordecai [2012] NSWSC 501; Attorney-General v Bar-Mordecai [2005] NSWSC 142 Category: Principal judgment Parties: Michael Bar-Mordecai (A) Representation: In person (A) File Number(s): 2013/223593

Judgment - Application under Vexatious Proceedings Act 2008

The Application 1On 23 July 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 in the Supreme Court of NSW seeking compensation and damages from the State of NSW, for intentional of assault in the District Court 3.1 of the Downing Centre by the assailant judicial officer, Chief Judge Reginald Blanch, at about 9.40am on 7 November 2007. 2. An order that the proceedings be conduct in camera to protect of the privacy of the plaintiff/victim and the assailant, his Honour Justice Reginald Blanch, such that a Duty Judge in Common Law review documents in camera, to determine if revelation of documents in open court will be desirable or necessary. 3. An order that all directions hearings be conducted in camera by a Duty Judge without a Duty Registrar or a case management Registrar being involved. 4. That the document be filed in Court and be kept by the Duty Judge. 5. Costs." 2In support of that Summons, Mr Bar-Mordecai has filed two affidavits, the first sworn on 23 July 2013, and the second sworn on 25 July 2013. 3In addition to these affidavits, Mr Bar-Mordecai has filed submissions on 23 July 2013.