Application by Michael Bar-Mordecai

Michael Bar-Mordecai sought leave to commence proceedings under the Vexatious Proceedings Act 2008 (Vic). The application was made to the Supreme Court of Victoria. The applicant was prohibited from instituting legal proceedings without the leave of the court. He sought leave to file a notice of appeal in relation to a previous decision.

The court needed to determine whether there was a prima facie ground for granting leave under section 14(3) of the Act and whether leave should be granted under section 15(1) of the Act. The applicant contended that there was a prima facie ground as the appeal had reasonable prospects of success and the application was not an abuse of process. The court had to weigh the merits of the application against the potential for vexatious litigation.

The court found that there was a prima facie ground for granting leave. The appeal had a reasonable prospect of success on the merits and the application was not an abuse of process. The applicant had demonstrated that the appeal raised a substantial question of law or fact which ought to be determined by the Court of Appeal. The court was satisfied that the applicant had acted bona fide in bringing the application and that the application was not frivolous or vexatious. The court granted leave to the applicant to file a notice of appeal.