Application of Michael Bar-Mordecai [2013] NSWSC 1252

Supreme Court New South Wales

Medium Neutral Citation: Application of Michael Bar-Mordecai [2013] NSWSC 1252 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 26 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 Uniform 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 Category: Principal judgment Parties: Michael Bar-Mordecai (A) Representation: Counsel: In person (A) File Number(s): 2013/227823

Judgment - Application under Vexatious Proceedings Act 2008

The Application 1On 26 July 2013, Michael Bar-Mordecai, filed a Summons in which he claims the following relief: "1. An Order that the Court grant leave to the Plaintiff to extend the timer of filing in order to file his Statement of Claim in spite of the statute of limitation o six years, on an intentional tort of assault, i.e. extend from 6 years to 12 years. 2. An order that the Plaintiff be granted leave to file a Statement of Claim in Supreme Court of NSW seeking compensation and damages from the State of New South Wales for the intentional tort of assault perpetrated in late 2002 by His Honour Justice John Bryson, a retired judge of the Supreme, as the Plaintiff seeks leave on the grounds that he five years out of time. 3. An order that the proceedings be conducted in-camera to protect the privacy of the Plaintiff/victim and the assailant, his Honour Justice John Bryson, 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. 4. An Order that all direction hearings be conducted in-camera by a duty judge without a Duty Registrar or a case management Registrar being involved. 5. That the documents be filed in Court and be kept by the Duty Judge. 6. Costs." (sic) 2In support of that Summons, Mr Bar-Mordecai has filed four affidavits, the first being sworn on 26 July 2013, and the second and third each being sworn on 29 July 2013, and the fourth sworn on 20 August 2013. 3In addition to these affidavits, Mr Bar-Mordecai has filed submissions on 26 July 2013.