Application by Bar-Mordecai

The case involved an application by Bar-Mordecai, who sought leave to appeal against a decision that declared them a vexatious litigant under the Vexatious Proceedings Act 2008 (NSW). The application also sought leave to file a notice of discontinuance in relation to certain proceedings. The matter was heard in the Supreme Court of New South Wales.

The legal issues before the court were whether Bar-Mordecai's application for leave to appeal should be granted, and whether they should be granted leave to file a notice of discontinuance in relation to the proceedings. The court had to consider the criteria set out in the Vexatious Proceedings Act 2008 (NSW) for declaring a person a vexatious litigant and whether Bar-Mordecai's conduct met those criteria. The court also had to consider whether granting leave to file a notice of discontinuance would be in the interests of justice.

The court found that Bar-Mordecai's application for leave to appeal should be granted. The court found that the criteria for declaring a person a vexatious litigant had not been met, as Bar-Mordecai's conduct did not amount to an abuse of the court's process. The court also found that granting leave to file a notice of discontinuance would be in the interests of justice, as it would allow the proceedings to be resolved without further unnecessary litigation. The court therefore granted leave to file a notice of discontinuance.

The court's final orders were that Bar-Mordecai's application for leave to appeal be granted, and that leave be granted to file a notice of discontinuance in relation to the proceedings. The order for a declaration that Bar-Mordecai was a vexatious litigant was set aside.