Bar-Mordecai v Attorney-General of NSW (No.2) [2013] NSWSC 1538

Supreme Court New South Wales

Medium Neutral Citation: Bar-Mordecai v Attorney-General of NSW (No.2) [2013] NSWSC 1538 Hearing dates: 10/09/2013 Decision date: 27 September 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) Pursuant to s16(3) of the Vexatious Proceedings Act 2008, the Court grants leave to Mr Bar-Mordecai to commence proceedings in the District Court of NSW, by way of instituting an appeal, pursuant to s 84(2) of the Crimes (Domestic and Personal Violence) Act 2007, to set aside orders made by Milledge LCM on 25 June 2013 in the Downing Centre Local Court. (2) Such grant of leave is subject to the following conditions: (a) the appeal is to be instituted within 14 days from the date of these orders, being 13 September 2013; (b) the appeal is to be instituted by the filing of an originating process which limits the grounds of the appeal to those grounds set out in the draft Notice of Appeal which is Exhibit A in these proceedings; (c) Mr Bar-Mordecai is not, without the further leave of this Court, first had and obtained, to make any application to the District Court for leave, pursuant to s 18(2) of the Crimes (Appeal and Review) Act 2001, to give, or adduce fresh evidence on the hearing of the appeal. (3) Reserve the question of costs. Catchwords: PROCEDURE - Vexatious Proceedings Act 2008 - application for leave to appeal to the District Court from the Local Court - whether there are prima facie grounds for leave sought to appeal - whether predominant purpose of leave to appeal is to harass, annoy or cause detriment. CRIME - appeal under s 84 of Crimes (Domestic and Personal Violence) Act 2007 - application of the rights of appeal and procedure under the Crimes (Appeal and Review) Act 2001. Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Domestic and Personal Violence) Act 2007 Health Practitioner Regulation National Law (NSW) No.86a Vexatious Proceedings Act 2008 Category: Procedural and other rulings Parties: Michael Bar-Mordecai (P) Attorney-General of NSW (D1) TS (D2) Representation: Counsel: In Person (P) Mr K Oliver (D1) Mr K Ginges (D2) Solicitors: Crown Solicitor's Office (NSW) (D1) Armstrong Legal (D2) File Number(s): 2013/201207