Attorney General for NSW v Bar-Mordecai [2019] NSWSC 13

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for NSW v Bar-Mordecai [2019] NSWSC 13 Hearing dates: 2 November 2018 Date of orders: 02 November 2018 Decision date: 04 February 2019 Jurisdiction: Common Law Before: Fagan J Decision: Orders made 2 November 2018: 1 Pursuant to s 9(1) of the Vexatious Proceedings Act 2008 (NSW) I vary order 1 made by Patten AJ on 25 February 2005 by removing the words "in any court" and adding the words "in New South Wales" so that the order as amended reads "That Michael Jacob Bar-Mordecai shall not, without leave of this Court, institute proceedings in New South Wales". 2 Pursuant to s 8(7) of the Vexatious Proceedings Act 2008 (NSW) proceedings 2018/268413 in the NSW Civil and Administrative Tribunal Occupational Division are stayed until further order of this Court. 3 On the application of Mr Bar-Mordecai the Notice of Discontinuance and Withdrawal which he filed on 22 August 2018 is to be disregarded and his application by the Summons filed herein on 24 April 2018 for leave to commence proceedings for medical re-registration is to proceed to determination by a Judge in Chambers. Order made 4 February 2019: The summons filed by Michael Bar-Mordecai on 24 April 2018 for leave pursuant to the Vexatious Proceedings Act to commence proceedings in the Civil and Administrative Tribunal is dismissed. Catchwords: PROCEDURE – Vexatious litigant – leave to appeal under Vexatious Proceedings Act 2008 – deregistration by Medical Tribunal – NSW Civil and Administrative Tribunal – professional competence – professional misconduct – unfitness to practice – leave to commence proceedings in NCAT dismissed Legislation Cited: Vexatious Proceedings Act 2008 (NSW) Supreme Court Act 1970 (NSW) Medical Practice Act 1992 (NSW) Health Practitioner Regulation National Law (NSW) No 86a Cases Cited: Application by Bar-Mordecai [2013] NSWSC 1908 Application of Bar-Mordecai [2014] NSWSC 1202 Attorney General v Bar-Mordecai [2005] NSWSC 142 Bar-Mordecai v Attorney General of New South Wales [2012] NSWSC 453 Bar-Mordecai v Health Care Complaints Commission [2002] NSWCA 192 Bar-Mordecai v Hillston [2004] NSWCA 65 Bar-Mordecai v Medical Council of NSW (No2) [2015] NSWCATOD 58 Bar-Mordecai v Rotman (unreported, Supreme Court of New South Wales, Einstein J, 18 June 1998) Bar-Mordecai v Rotman [2000] NSWCA 123 Hillston v Bar-Mordecai [2003] NSWSC 89 Michael Bar-Mordecai v The Medical Council of New South Wales [2013] NSWMT 5 Re Michael Bar-Mordecai [2006] NSWMT 10 Re Mr Bar-Mordecai [2009] NSWMT 1 Category: Principal judgment Parties: Attorney General of New South Wales Representation: Counsel: D Birch (plaintiff) M Bar-Mordecai (self represented defendant)