Application by Michael Bar-Mordecai

The matter involved an application by Michael Bar-Mordecai for leave to institute proceedings against the Australian Broadcasting Corporation and others. The application was brought under the Vexatious Proceedings Act 2008 and sought to initiate legal action based on alleged defamation. The case was heard by the Supreme Court of New South Wales.

The central legal issues before the court were whether the supporting affidavit complied with the requirements of the Act and whether the proposed proceedings were vexatious or lacked a prima facie ground. The court had to determine if the application was frivolous or likely to cause unnecessary delay or expense. Additionally, the court examined if there was an appeal from a decision disposing of the application and if the proposed proceedings could be considered vexatious.

The court found that the supporting affidavit did not adequately address the requirements of the Vexatious Proceedings Act, leading to the conclusion that the application was likely to be vexatious. The proposed proceedings were deemed to lack a prima facie ground due to the insufficient evidence presented. The court also dismissed the appeal, finding no grounds for it. As a result, the court refused leave to institute the proceedings.

The court's decision resulted in the application being dismissed, and leave to institute the proposed proceedings was refused. The court ordered that the application be struck out, and costs were awarded against the applicant.