Attorney General for NSW v Bar-Mordecai

In the recent decision of Attorney General for New South Wales v Bar-Mordecai, the court was tasked with addressing a dispute concerning the registration of a medical practitioner. The respondent, Dr Bar-Mordecai, a registered medical practitioner, faced deregistration proceedings due to allegations of professional misconduct and unfitness to practice. The Medical Tribunal had deregistered Dr Bar-Mordecai, a decision which he sought to challenge through the New South Wales Civil and Administrative Tribunal (NCAT). The case required the court to determine whether Dr Bar-Mordecai was eligible for leave to appeal against the Tribunal's decision under the Vexatious Proceedings Act 2008 (NSW), given his status as a vexatious litigant.

The primary legal issue before the court was whether Dr Bar-Mordecai, who had previously been designated as a vexatious litigant, was eligible for leave to appeal the Tribunal's decision. The court considered whether the application was frivolous or vexatious, and whether it raised a substantial question of law or fact. The court also needed to assess whether Dr Bar-Mordecai's conduct amounted to professional incompetence and unfitness to practice, in line with the Medical Practitioners (Performance and Conduct) Act 1995 (NSW).

The court held that Dr Bar-Mordecai's application for leave to appeal was indeed vexatious and without merit. It found that the application was an abuse of process and served no substantial purpose. The court emphasised that the allegations of professional misconduct and unfitness to practice were serious, and the Tribunal's decision was well-founded. Consequently, the court dismissed the application for leave to appeal, affirming the Tribunal's decision to deregister Dr Bar-Mordecai.

The court's final order was that Dr Bar-Mordecai's application for leave to appeal was dismissed, and he was not granted permission to commence proceedings in the NCAT. The court also upheld the Tribunal's decision to deregister Dr Bar-Mordecai, which remained in effect. This ruling underscored the importance of maintaining professional standards and the authority of the Tribunal in ensuring that medical practitioners meet the necessary standards of competence and conduct.