Application of Michael Bar-Mordecai [2014] NSWSC 414

Supreme Court New South Wales

Medium Neutral Citation: Application of Michael Bar-Mordecai [2014] NSWSC 414 Hearing dates: On the papers Decision date: 11 April 2014 Jurisdiction: Common Law Before: Garling J Decision: (1) The application for leave to commence proceedings pursuant to s 14 of the Vexatious Proceedings Act 2008 contained in the Summons filed 18 October 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 Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 Cases Cited: Application of Michael Bar-Mordecai 2013] NSWSC 1250 Application of Michael Bar-Mordecai [2012] NSWSC 501 Attorney-General in and for the State of NSW v Bar-Mordecai [2013] NSWSC 129 Attorney-General v Bar-Mordecai [2005] NSWSC 142 Cabassi v Vila [1940] HCA 41; (1940) 64 CLR 130 D'Orta Ekenaike v Victoria Legal Aid [2005] HCA 12; (2005) 223 CLR 1 R v Skinner (1772) Lofft 54 at 56; 98 ER 529 Category: Principal judgment Parties: Michael Bar-Mordecai (P) Representation: Counsel: In person (Applicant) File Number(s): 2013/314559

Judgment - APPLICATION UNDER VEXATIOUS PROCEEDINGS ACT 2008 1On 18 October 2013, Michael Bar-Mordecai, filed a Summons in which he claims the following relief: "1. An order that the plaintiff be granted leave to file a Statement of Claim against Dr [XY] for medical negligence. 2. Costs." 2In support of that Summons, Mr Bar-Mordecai has filed two affidavits, both sworn on 18 October 2013. 3In addition to these affidavits, on 1 November 2013, Mr Bar-Mordecai filed submissions which related to his Summons and application.