Application of Michael Bar-Mordecai

The applicant, Michael Bar-Mordecai, sought leave to institute proceedings under the Vexatious Proceedings Act 2008 (Vic). The application was heard by the Supreme Court of Victoria, which was required to determine whether the proposed proceedings were vexatious or lacked a prima facie ground. The applicant's intention was to bring a class action against multiple corporations on behalf of a class of consumers, alleging breach of consumer law. The court needed to assess the merits of the proposed proceedings and decide whether they met the criteria for being considered vexatious or lacking a prima facie ground.

The court examined the criteria for determining whether proceedings were vexatious under section 5 of the Act. This included whether the proceedings were brought for a purpose other than that for which they were ostensibly brought, whether they were an abuse of the court's process, or whether they were brought without any reasonable prospect of success. The court also considered whether the proceedings had a prima facie ground, meaning there was a reasonable basis for the claims being made. The court found that the applicant's proposed proceedings were vexatious as they were brought without any reasonable prospect of success and lacked a prima facie ground. The court determined that the proposed proceedings were not based on any matter of general principle or public importance.

As a result of the findings, the Supreme Court of Victoria refused the application for leave to institute the proceedings. The court concluded that the proceedings were vexatious and lacked a prima facie ground, and therefore the application was dismissed. The court did not make any orders for costs. The applicant's proposed class action was not permitted to proceed under the Vexatious Proceedings Act 2008 (Vic).