Jewish National Fund of Australia Ltd v Bar-Mordecai [2020] NSWSC 384

Supreme Court New South Wales

Medium Neutral Citation: Jewish National Fund of Australia Ltd v Bar-Mordecai [2020] NSWSC 384 Hearing dates: 6 March 2020 Date of orders: 15 April 2020 Decision date: 15 April 2020 Jurisdiction: Common Law Before: Davies J Decision: (1) In proceedings 2019/96140:

(a) The defendant's notice of motion filed 11 September 2019 is dismissed. (b) The defendant is to pay the plaintiff's costs.

(2) In proceedings 2019/162728:

(a) The defendant's notice of motion filed 16 September 2019 is dismissed. (b) The defendant is to pay the plaintiff's costs. Catchwords: CIVIL PROCEDURE - parties - vexatious litigants — leave to institute proceedings - requirements of Vexatious Proceedings Act – application to file cross-claim - whether causes of action pleaded in cross-claim are vexatious or have prima facie grounds

CIVIL PROCEDURE - application for recusal - where prior proceedings before the judge – where ruling made against applicant – where prior proceedings concerned only procedural and matters of statutory construction - application refused

CIVIL PROCEDURE – pleadings – amendment - leave sought to file amended defences and cross-claims – where proposed pleadings sought to withdraw admissions – where no explanation for admissions - where no explanation for delay – where no causes of action demonstrated

SUCCESSION - probate and administration – revocation of probate - application for revocation of probate – whether deceased lacked testamentary capacity – whether lack of capacity would result in intestacy - where no evidence supporting claim of incapacity - whether applicant had an interest to seek revocation – where applicant had a right only to seek an order to give a benefit from the estate