Application of Bar-Mordecai [2014] NSWSC 1202

Supreme Court New South Wales

Medium Neutral Citation: Application of Bar-Mordecai [2014] NSWSC 1202 Hearing dates: 20 May 2014 Decision date: 01 September 2014 Jurisdiction: Common Law Before: Adams J Decision: (1) Leave is granted to the plaintiff to institute proceedings by lodging with the Executive Officer of the Medical Council an application for review by the New South Wales Civil and Administrative Tribunal pursuant to s 163A of the Health Practitioner Regulation National Law (NSW) of the Tribunal's order of 6 September 2000 that the plaintiff's name be removed from the Register of Practitioners. (2) The leave granted in order (1) is subject to the following condition - The proceedings are to be instituted by lodging an application for review limited to the following grounds - (a) The applicant is a fit and proper person to practice medicine at the date of filing this application. (b) The applicant has - (i) Maintained his knowledge and skills in medicine by having studied daily over 20,000 medical illnesses; (ii) Relearned the Mims; (iii) Attended his brother's surgery for reskilling training in procedural medicine; (iv) Authored a 700 page textbook of medicine in 2011, yet to be published; (v) Developed a computerized medical information system to assist a medical practitioner in the diagnosis of diseases; (vi) Addressed the issues of emotional insight into each former ethical transgression so as not to reoffend; (vii) Regularly physically exercised daily to keep his mind and body alert; (viii) Attended discussions with his brother about various medical issues; (ix) Having participated in self-educational activities over the last 9 years on a daily basis, relevant to the discipline of General Practice, by which he has further developed and maintained his competence and performance; (x) Observed and kept up to date with the laws and codes which affect the discipline of general practice; and (xi) Created, maintained and updated a medical database of more than 2.06 gigabytes with 24,000 Files, 3,244 directories and subdirectories as at 6.9.2013 such that the medical information system can assist a GP in the practice of Medicine by providing a differential diagnosis, treatment protocols, and information on specific disease entities. (3) The parties are to file and serve within 10 days of the date hereof written submissions on the question of costs. Legislation Cited: Supreme Court Act 1970 (NSW), s 84(1) Health Practitioner Regulation National Law (NSW), ss 16(4), 163, 163A Medical Practice Act 1992 (NSW) Uniform Civil Procedure Rules, r 12.10 Vexatious Proceedings Act 2008 (NSW), ss 4, 16(4) Cases Cited: Bar-Mordecai v Attorney General of New South Wales [2012] NSWSC 453 Phillip Morris Limited v Attorney General (Vic) (2006) 14 VR 538 Re Mr Bar-Mordecai [2009] NSWMT 1 In Re Dr Michael Jacob Bar-Mordecai and the Medical Practice Act, Medical Tribunal of New South Wales, 6 September 2000 Category: Principal judgment Parties: Michael Bar-Mordecai (plaintiff) Attorney-General (first interested party) NSW Medical Council (second interested party) Representation: Counsel: K G Oliver (first interested party) P Ginters (second interested party) Solicitors: Self-represented (plaintiff) Crown Solicitor's Office (first interested party) File Number(s): 2013/270999