NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Application of Michael Bar-Mordecai [2013] NSWSC 1253 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 29 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: Counsel: In person (A) File Number(s): 2013/229679
Judgment - Application under Vexatious Proceedings Act 2008
The Application 1On 29 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 15 years. 2. An order that the Plaintiff be granted leave to file a Statement of Claim for the intentional tort of assault perpetrated in late mid 1998 by His Honour Justice Clifford Roy Einstein, a retired judge of the Supreme Court, as the Plaintiff seeks leave on the grounds that he five years out of time. 3. Costs." (sic) 2In support of that Summons, Mr Bar-Mordecai has filed two affidavits, each dated 29 July 2013. 3Although Mr Bar-Mordecai has not filed any submissions in these proceedings, I have had regard to submissions made in other applications in which reference has been made to these proceedings.
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