Application by Bar-Mordecai

The matter before the court was an application by Bar-Mordecai to set aside a judgment that had previously refused leave to institute proceedings against certain respondents. This refusal was made in light of a vexatious proceedings order that had been made against the applicant. The case was heard by the Supreme Court of New South Wales.

The primary legal issue the court had to address was whether the applicant's motion to set aside the judgment was justified under the circumstances. Specifically, the court needed to determine if the application was made within a reasonable time and if there were any grounds to set aside the judgment, given the existence of the vexatious proceedings order. The court also considered the principles of procedural fairness and whether the applicant's rights had been properly protected.

The court found that the application was indeed made within a reasonable time and that there were sufficient grounds to set aside the judgment. The court held that the applicant had not had the opportunity to properly present their case due to the vexatious proceedings order, which had unfairly influenced the decision. The court emphasised the importance of ensuring that justice is not compromised by procedural orders that may have been made without proper consideration of all relevant facts. Consequently, the court allowed the application and set aside the previous judgment.

As a result of the court's decision, the applicant was granted leave to institute the proceedings against the respondents, subject to the terms and conditions set by the court. The respondents were required to provide a written response to the application within the specified timeframe.