Application by Bar-Mordecai [2013] NSWSC 1908

Supreme Court New South Wales

Medium Neutral Citation: Application by Bar-Mordecai [2013] NSWSC 1908 Hearing dates: On the papers Decision date: 17 December 2013 Jurisdiction: Common Law Before: Leeming JA (in chambers) Decision: Application dismissed Catchwords: PRACTICE AND PROCEDURE - vexatious litigant - application for judicial review of decision of Medical Tribunal in 2009 - nature of jurisdiction - no need for oral hearing - no prima facie ground - unexplained delay - leave refused Legislation Cited: Health Practitioner Regulation (Adoption of National Law) Act 2009 Health Practitioner Regulation National Law Medical Practice Act 1992 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 Cases Cited: Bar-Mordecai v The Attorney-General (NSW) [2012] NSWCA 207 Landsman v Director of Public Prosecutions [2013] NSWCA 369 R (Ewing) v Department of Constitutional Affairs [2006] EWHC 504 (Admin); [2006] 2 All ER 993 Smith v Yusen Daly Smith International Pty Ltd (in liq) [2001] NSWCA 458; 53 NSWLR 385 Category: Principal judgment Parties: Michael Bar-Mordecai (Applicant) File Number(s): 2013/321349

Judgment 1LEEMING JA: Mr Michael Bar-Mordecai's summons dated 24 October 2013 seeks leave to file a "Notice of Appeal" challenging what is described as "the judgment of Murrell DCJ dated 18.3.2009 in Bar-Mordecai v NSW Medical Board" (it will be necessary to return to the form of the document sought to be relied upon, and to the description of the decision Mr Bar-Mordecai wishes to challenge). Mr Bar-Mordecai's affidavit was filed without its exhibits. These were requested by the Registrar on 4 December 2013 and supplied shortly thereafter; they comprise two lever arch folders of documents. 2Mr Bar-Mordecai requires leave because on 25 February 2005 an order was made pursuant to s 84(1) of the Supreme Court Act 1970 relevantly in the following terms: "1. That Michael Jacob Bar-Mordecai shall not, without leave of this court, institute proceedings in any court." Section 84 was repealed by the Vexatious Proceedings Act 2008 (VP Act), but clause 4 of Schedule 1, which takes effect pursuant to s 20 of the VP Act, has the effect that the order continues to operate to prevent Mr Bar-Mordecai from instituting proceedings without leave (cl 4(1)(c)) and is taken to be, and to have effect as if it were, a vexatious proceedings order made under the VP Act (cl 4(2)).