Application by Bar-Mordecai re Vexatious Proceedings Act 2008 (NSW)

The matter involved an application by Bar-Mordecai to initiate proceedings against certain defendants under the Vexatious Proceedings Act 2008 (NSW). The application was made in the context of a vexatious proceedings order that had previously been made against the applicant. The case was heard in the Supreme Court of New South Wales. The primary issue before the court was whether the Vexatious Proceedings Act 2008 (NSW) applied to the application for leave to institute proceedings where a vexatious proceedings order had already been made against the applicant. The court had to determine the meaning of "vexatious proceedings" for the purposes of the Act, and whether the application itself could be considered a vexatious proceeding.

The court considered the statutory language and the purpose of the Act, which is to protect defendants from unjustified litigation. It held that the Act applied to the application for leave to institute proceedings, as the application was part of the litigation process. The court found that the Act was designed to prevent the abuse of legal processes, and that the applicant's previous designation as a vexatious litigant was relevant to the determination of whether the current application was vexatious. The court ultimately concluded that the application was indeed vexatious, as it was an abuse of the legal process and lacked any genuine prospect of success. The application was dismissed.

The court ordered that the applicant pay the defendants' costs of the application, in accordance with section 11(4) of the Vexatious Proceedings Act 2008 (NSW). The court also made a declaration that the application was vexatious and an abuse of the legal process.