Bar-Mordecai v Attorney-General of NSW (No.3) [2013] NSWSC 1631

Supreme Court New South Wales

Medium Neutral Citation: Bar-Mordecai v Attorney-General of NSW (No.3) [2013] NSWSC 1631 Hearing dates: 11/09/2013 Decision date: 11 September 2013 Jurisdiction: Common Law Before: Garling J Decision: Tender of document rejected Catchwords: EVIDENCE - whether letter written in connection with an attempt to negotiate a settlement of the dispute - held to be inadmissible - no point of general principle. Legislation Cited: Evidence Act 1995 Vexatious Proceedings Act 2008 Cases Cited: Bar-Mordecai v Attorney-General of NSW [2013] NSWSC 1303 Bar-Mordecai v Attorney-General of NSW (No.2) [2013] NSWSC 1538 Brown v Commissioner of Taxation [2001] FCA 596 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

Judgment 1On 11 September 2013, in the course of the hearing of an application by Mr Michael Bar-Mordecai for leave, pursuant to s 14 of the Vexatious Proceedings Act 2008 ("VP Act") to commence proceedings in the District Court, I delivered reasons for rejecting the tender by the Attorney-General of NSW and TS of a letter dated 23 August 2013. 2Later on, during the course of the further hearing of the application, on 11 September 2013, the letter was again tendered by counsel for the Attorney-General, and I rejected that tender. At the time I indicated that I would deliver reasons in due course. These are those reasons.