Application by Michael Bar-Mordecai [2015] NSWSC 1695

Supreme Court New South Wales

Medium Neutral Citation: Application by Michael Bar-Mordecai [2015] NSWSC 1695 Hearing dates: 30 October 2015 Date of orders: 13 November 2015 Decision date: 13 November 2015 Jurisdiction: Common Law Before: Campbell J Decision: Under s 15(1)(b) Vexatious Proceedings Act 2008 (NSW) dismiss the application of Mr Bar-Mordecai seeking leave to file an application for leave to appeal to the District Court from the orders of the Local Court made on 25 June 2013; Mr Bar-Mordecai to pay the Attorney General's costs of and incidental to the proceedings on the ordinary basis forthwith after they have been agreed or assessed Catchwords: PROCEDURE – Vexatious Proceedings Act 2008 – application for leave to appeal apprehended violence order variation from Local Court to District Court –whether proceedings are vexatious proceedings – appeal statute barred therefore abuse of process

APPEAL – source – grounded in statute – apprehended violence order appeal – right of appeal under s 84 Crimes (Domestic and Personal Violence) Act 2007 – procedure for appeal under Crimes (Appeal and Review) Act 2001 Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW); Crimes (Domestic and Personal Violence) Act 2007 (NSW); Vexatious Proceedings Act 2008 (NSW) Cases Cited: Attorney General v Bar-Mordecai [2005] NSWSC 142; Attorney General of NSW v Bar-Mordecai [2008] NSWSC 1094; Attorney General for the State of New South Wales v Mahmoud [2015] NSWSC 899; Attorney General of NSW v Wilson [2010] NSWSC 1008; Bar-Mordecai v Attorney General of NSW (No 2) [2013] NSWSC 1538; Bob v Wombat Securities Pty Ltd & Anors (No 2) [2013] NSWSC 863; Calderbank v Calderbank [1975] 3 All ER 333; Grierson v The King [1938] HCA 45; 60 CLR 431; Pascoe v Liprini [2011] NSWSC 1484; Vivavattene v Attorney General (NSW) [2015] NSWCA 44 Category: Principal judgment Parties: Michael Bar-Mordecai (Plaintiff) Attorney General for the State of NSW (Defendant) Representation: Counsel: Self-represented (Plaintiff) Mr K Oliver (Defendant)