Bar-Mordecai v Attorney General of New South Wales

In the matter of Bar-Mordecai v Attorney General of New South Wales, the plaintiff sought to institute proceedings against the defendant, which were initially stayed due to the plaintiff's status as a vexatious litigant. The Supreme Court of New South Wales was tasked with determining whether the plaintiff should be granted leave to proceed with the litigation and, if so, what conditions should be imposed. The case centred on the interpretation and application of the Vexatious Proceedings Act 2005 (NSW), specifically sections 10 and 11, which govern the court's discretion in granting leave for vexatious litigants to initiate proceedings.

The court had to decide whether the plaintiff's proposed proceedings met the threshold for leave, considering the plaintiff's history of vexatious litigation and the potential impact on the defendant and the administration of justice. The key issue was whether the plaintiff's application demonstrated a real prospect of success and whether it was in the interests of justice to allow the proceedings to continue, despite the plaintiff's past conduct. Additionally, the court needed to determine the appropriate conditions that should accompany any grant of leave to prevent the plaintiff from engaging in further vexatious litigation.

The court concluded that the plaintiff's application should be granted, but subject to stringent conditions designed to mitigate the risk of vexatious litigation. The judge found that the plaintiff's proposed proceedings had a real prospect of success, and it was in the interests of justice to allow them to proceed. However, the court imposed conditions that required the plaintiff to provide regular updates on the progress of the case, refrain from initiating any further proceedings without prior leave, and pay the defendant's costs associated with the application. The court's decision balanced the plaintiff's right to access the courts with the need to protect the defendant and the judicial system from unnecessary and burdensome litigation.

The final orders of the court granted the plaintiff leave to institute the proceedings, subject to the conditions outlined above. The plaintiff was required to comply with the imposed conditions to ensure that the proceedings would not become vexatious. The court emphasised the importance of monitoring the plaintiff's conduct and reiterated that any breach of the conditions could result in further sanctions, including a potential ban on instituting proceedings without leave.