Attorney General for the State of New South Wales v Bar-Mordecai

The respondent, Bar-Mordecai, sought leave to file a notice of appeal against a judgment of the Medical Tribunal, which found her to be a vexatious litigant and prohibited her from making further complaints about doctors without Tribunal approval. The Tribunal had also dismissed her complaints against two doctors, who were represented by the Attorney General for the State of New South Wales. Bar-Mordecai's application was considered in the Court of Appeal, which was required to determine whether these proceedings were vexatious and whether there were any grounds for the allegations of bias against the Tribunal.

The court held that the application was vexatious, as it was Bar-Mordecai's third attempt to appeal the Tribunal's decision, and there were no prima facie grounds for the allegations of bias. The court found that the Tribunal's decision was supported by the evidence and that the complaints were unfounded. The court also noted that Bar-Mordecai had a history of making numerous complaints against medical practitioners, many of which were found to be vexatious. The court held that the application was an abuse of process and refused leave to appeal.

The court ordered that Bar-Mordecai pay the costs of the application, which were to be paid to the Attorney General. The court held that the application was frivolous and brought for an improper purpose, and that the costs should be awarded to the Attorney General as the respondent was the party who had incurred the costs in defending the application. The court also noted that the costs should be paid by Bar-Mordecai, as she was the party who had brought the application. The court held that the order for costs was necessary to deter Bar-Mordecai from bringing further vexatious proceedings.