Michael Bar-Mordecai - Application - Ms Daych (No.2) [2014] NSWSC 766

Supreme Court New South Wales

Medium Neutral Citation: Michael Bar-Mordecai - Application - Ms Daych (No.2) [2014] NSWSC 766 Hearing dates: 14/03/2014; 08/04/2014 Decision date: 13 June 2014 Before: Garling J Decision: (1) Further Amended Summons filed 24 March 2014 dismissed. (2) Plaintiff to pay the costs of Ms Daych of the whole application. (3) If Ms Daych seeks any other or different order, then any application and affidavit in support is to be filed on or before 27 June 2014 (4) Attorney-General to pay his own costs of the application. Catchwords: PROCEDURE - vexatious litigant - Vexatious Proceedings Act 2008 - application for leave to institute proceedings - ordinary procedure - whether proceedings to be instituted lack prima facie ground - whether vexatious - no matter of general principle Legislation Cited: Limitation Act 1969 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 Cases Cited: Aboody v Ryan [2012] NSWCA 395 Attorney-General v Bar-Mordecai [2005] NSWSC 142 Category: Principal judgment Parties: Michael Bar-Mordecai (P) Attorney-General of NSW (D) Tatyana Daych (Interested Person) Representation: Counsel: In person (P) K G Oliver (for Attorney-General) M J Heath (for Ms Daych) File Number(s): 2013/244198

Judgment 1On 12 August 2013, Michael Bar-Mordecai, filed a Summons in which he claimed the following relief: "1. An order that the Court grant leave to the plaintiff to extend the time of filing in order to file his Statement of Claim in the supreme Court on Ms Tatyana Daych in spite of the statute of limitation of six years. 2. An order that the plaintiff be granted leave to file a statement of claim for his equity in his former marital unit with Ms Tatyana Daych in the District Court of NSW. Ms Daych being the plaintiff's former de facto wife, on the grounds the grounds that he five years out of time. 3. Costs." (sic) 2On that day, the Court made an order pursuant to s 16(1)(a) of the Vexatious Proceedings Act 2008, that Mr Bar-Mordecai was to serve both the Attorney-General of NSW and Ms Daych with a copy of the Summons and also with a copy of his affidavit of 12 August 2013, upon which he relied in support of his Summons.