Application by Bar-Mordecai

The applicant, Bar-Mordecai, sought leave to appeal against decisions made by the New South Wales Civil and Administrative Tribunal (NCAT). The case involved an application to have the applicant declared a vexatious litigant under the Vexatious Proceedings Act 2008 (NSW). The legal issues before the court were whether Bar-Mordecai's appeal had any viable grounds and whether the matters advanced in the appeal amounted to personal abuse, thereby making the proceedings vexatious.

The court found that Bar-Mordecai had failed to disclose any viable grounds for appeal. Instead, the applicant's submissions were primarily focused on matters of personal abuse, which the court considered irrelevant to the merits of the appeal. The court determined that the proceedings were vexatious as they did not disclose a prima facie case. Bar-Mordecai's approach was deemed to be an abuse of the legal process, and the court dismissed the application for leave to appeal.

In dismissing the application, the court emphasised the importance of focusing on legal arguments rather than personal grievances. The court concluded that Bar-Mordecai's conduct demonstrated a disregard for the judicial process, and therefore, the application was dismissed without costs.