Application by Michael Bar-Mordecai

[2017] NSWSC 706

Supreme Court

New South Wales

Medium Neutral Citation:	Application by Michael Bar-Mordecai [2017] NSWSC 706
Hearing dates:	On the Papers
Date of orders:	05 June 2017
Decision date:	05 June 2017
Jurisdiction:	Common Law
Before:	Wilson J
Decision:	Application dismissed
Catchwords:	PROCEDURE – vexatious litigant – Vexatious Proceedings Act 2008 (NSW) – vexatious litigant seeks leave to appeal against NCAT orders – leave sought in identical terms to previous application – proceedings vexatious
Legislation Cited:	Vexatious Proceedings Act 2008 (NSW)
Cases Cited:	Application by Bar-Mordecai [2016] NSWSC 1728 Attorney General v Bar Mordecai [2005] NSWSC 142 Bar-Mordecai v Medical Council of NSW (No 2) [2015] NSWCATOD 58
Category:	Principal judgment
Parties:	Michael Bar Mordecai (applicant)
Representation:	Litigant in person (applicant)
File Number(s):	2017/26976
Publication restriction:	None

Judgment

1. HER HONOUR: In the second half of 2016 the applicant filed process in the Registry of this Court seeking leave to file a Notice of Appeal out of time against orders of 1 April 2015 of the NSW Civil and Administrative Tribunal (“NCAT”), cited as Bar-Mordecai v Medical Council of NSW (No 2) [2015] NSWCATOD 58.

2. He required the leave of this Court to bring an appeal out of time because he is a vexatious litigant, having been so declared in 2005: Attorney General v Bar Mordecai [2005] NSWSC 142.

3. On 6 December 2016, having concluded that the application was vexatious, the Court made orders dismissing the application: [2016] NSWSC 1728.

4. By summons dated 28 April 2017 Mr Bar-Mordecai again seeks the Court’s leave to file a Notice of Appeal out of time against the orders of NCAT. The orders the applicant wishes to contest are the same orders he sought to appeal against in 2016.

5. The present application is in materially the same terms as the last and the relief sought is the same. Although ten volumes of documentary evidence were submitted in support of the 2016 application, and only four volumes are submitted in support of the current application, the material presently relied upon was also relied upon in 2016. There is no material difference between the two applications.

6. Applications for leave by vexatious litigants are governed by the Vexatious Proceedings Act 2008 (NSW) ("the VP Act"). Section 15(1) of the VP Act states that the Court must dismiss an application for leave if it considers:

“(a) the affidavit required by section 14 (3) does not substantially comply with that subsection, or

(b) the proceedings are vexatious proceedings, or

(c) there is no prima facie ground for the proceedings.”

7. Section 6 of the VP Act defines the meaning of a vexatious proceedings as:

“(a)    proceedings that are an abuse of the process of a court or tribunal, and

(b)    proceedings instituted to harass or annoy, to cause delay or detriment, or for another wrongful purpose, and

(c)    proceedings instituted or pursued without reasonable ground, and

(d)    proceedings conducted in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose.”

8. In that an application in the same terms as the present application has already been determined by this Court adversely to the applicant, the only conclusion I can reach with respect to this fresh application is that these are proceedings instituted without reasonable ground.

9. Accordingly, the summons must be dismissed as vexatious.

ORDERS

10. The proposed proceedings are vexatious proceedings.

11. The application is dismissed.

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Decision last updated: 05 June 2017