Application by Michael Bar-Mordecai

In the matter of an application by Michael Bar-Mordecai, the Supreme Court of New South Wales considered the plaintiff's request for leave to appeal against orders made by the New South Wales Civil and Administrative Tribunal (NCAT). The dispute involved the classification of the applicant as a vexatious litigant under the Vexatious Proceedings Act 2008 (NSW), which had implications for his ability to initiate and continue legal proceedings. The court had to determine whether the application for leave to appeal was itself vexatious.

The court examined whether the application for leave to appeal was an abuse of the court's process, as defined by the Act. The key issue was whether the application was substantially the same as previous applications, thus meeting the criteria for vexatious litigation. The court considered the repetitive nature of the application and the identical terms used, which indicated a pattern of conduct that was deemed to be an abuse of the judicial process.

The court found that the application was vexatious, as it repeated arguments previously raised and dismissed. The court held that the application for leave to appeal was an abuse of the process of the court and was, therefore, prohibited. The court exercised its discretion under the Act to dismiss the application on the grounds that it was vexatious. The court did not grant leave to appeal, reinforcing the importance of preventing repetitive and unnecessary litigation.

No further orders were made, and the court's decision stood as a final determination regarding the vexatious nature of the applicant's proceedings.