Application of Michael Bar-Mordecai [2013] NSWSC 1265

Supreme Court New South Wales

Medium Neutral Citation: Application of Michael Bar-Mordecai [2013] NSWSC 1265 Hearing dates: On the papers Decision date: 05 September 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) Application for leave to commence proceedings pursuant to s 14 of the Vexatious Proceedings Act 2008, contained in Order 2 of the Summons filed 8 August 2013, is dismissed. (2) The Summons filed 8 August 2013 is otherwise dismissed. Catchwords: PROCEDURE - Vexatious Proceedings Act 2008 - Application for leave to institute proceedings - Ordinary Procedure - No prima facie basis disclosed - No matter of general principle Legislation Cited: Health Practitioner Regulation National Law (NSW) No.68a 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 Bar-Mordecai - Application re Vexatious Proceedings Act 2008 [2013] NSWSC 532 Bar-Mordecai v Attorney-General of NSW [2012] NSWSC 453 Bar-Mordecai v Health Care Complaints Commission [2002] NSWCA 192 Category: Principal judgment Parties: Michael Bar-Mordecai (A) Representation: In person (A) File Number(s): 2013/240727

Judgment - Application under Vexatious Proceedings Act 2008

The Application 1On 8 August 2013, Michael Bar-Mordecai, filed a Summons in which he claims the following relief: "1. Order that the Supreme Court register the Applicant as of right, and without an inquiry, on the grounds that he was unlawfully deregistered; or in the alternative, 2. An order that the Plaintiff be granted leave pursuant to the Vexatious Proceedings Act 2008 [VPA] to institute proceedings by way of lodging an application for review with the Executive Officer of the Medical Council being an application for review in the Medical Tribunal of NSW under s 163A of the Health Practitioner Regulation National Law (NSW) for the review of the unlawful non-tribunal decision of Cooper DCJ of 6 September 2000, where the Applicant's name was removed from the register by the unlawful orders of a lay judicial member of the Medical Tribunal, who surreptitiously and clandestinely usurped the decision making function of the two expert Medical Tribunal members. 3. An order that the final hearing be adjudicated and heard by a newly constituted Medical Tribunal of NSW, with an impartial judicial officer or no judicial officer having regard to the history of the matter and the plague of judicial corruption inherent in the Medical Tribunal of NSW, as identified by Elkaim DCJ of the Medical Tribunal of NSW with his orders dated 21.2.2013. 4. An order that the Medical Council of NSW not be joined as a party/contradictor in the Medical Tribunal litigation in terms of having relied on expert medical witnesses to advocate and give false and unfounded expert opinion evidence to mislead the Medical Tribunal of NSW. 5. Costs." 2This is not the first application by Mr Bar-Mordecai with respect to his desire to commence proceedings against the Medical Council of NSW, or else one of its principal officers. There have been a number of previous applications. 3In support of the Summons, Mr Bar-Mordecai has filed an affidavit sworn 7 August 2013 of 36 pages, accompanied by a folder of annexures. 4In addition, on 8 August 2013, Mr Bar-Mordecai filed lengthy and comprehensive submissions.