Application by Michael Bar-Mordecai [2016] NSWSC 1518

Supreme Court New South Wales

Medium Neutral Citation: Application by Michael Bar-Mordecai [2016] NSWSC 1518 Hearing dates: On the Papers Date of orders: 10 October 2016 Decision date: 27 October 2016 Jurisdiction: Common Law Before: Wilson J Decision: (1) Pursuant to s 16(3) of the Vexatious Proceedings Act 2008 (NSW), the Court grants leave to the applicant to institute proceedings by lodging, in accordance with s 14(3) of the Crimes (Appeal and Review) Act 2001 (NSW) a written application to the District Court pursuant to s 13(1)(a) of the Crimes (Appeal and Review) Act for leave to appeal out of time against the orders made by Stapleton LCM at Waverley Local Court on 28 July 2016 in Local Court proceedings 2016/00163398.

(2) The grant of leave in Order (1) is subject to the following conditions: (a) The grounds of appeal in the written notice of appeal that is lodged with the written application for leave to appeal in accordance with s 14(3) of the Crimes (Appeal and Review) Act are to be limited to the grounds that are stated in the draft notice of appeal, that is Annexure W to the Affidavit of Michael Bar-Mordecai affirmed in these proceedings on 9 August 2016, amended as follows: (i) By deleting in their entirety the grounds in that documents that are numbers (2), (3), (6) and (8); and (ii) By deleting from the opening chapeau of the ground in that document numbered (4) the words "actual bias and abuse of process displayed" and inserting in their place the words "legal error demonstrated." (b) The applicant is to provide to the Court, prior to instituting proceedings pursuant to the leave granted in this order, an undertaking in writing that he will not, either in the proceedings instituted pursuant to the leave granted pursuant to this order, or in any appeal that the District Court may, pursuant to those proceedings, grant him leave to make, make any application to the District Court to issue to any person any subpoena to give evidence or to produce documents, without further leave of this Court first had and obtained.