Bar-Mordecai v Attorney-General of NSW (No.2) [2013] NSWSC 1538

Bar-Mordecai v Attorney-General of NSW (No.2) [2013] NSWSC 1538

Leave was granted because the Court was satisfied that the proposed District Court appeal was not vexatious and that Mr Bar-Mordecai had one or more prima facie grounds for the proceedings. His principal purpose was found to be the legitimate purpose of seeking to set aside the ADVO extension, not to harass, annoy or cause detriment to TS. The Court was also satisfied that imposing conditions limiting the appeal to the Local Court record and preventing any fresh evidence application without further leave would ensure, so far as reasonably practicable, that the proceedings would not be conducted vexatiously.

Jurisdiction
Australia
Judgment Date
27 September 2013
Procedural Posture
Application for Leave Under the Vexatious Proceedings Act 2008 to Commence District Court Appeal Proceedings / Supreme Court Determination of Leave Application
Outcome
Leave granted subject to conditions; costs reserved.
Legal Topics
['leave to Institute Proceedings' 'appeal From Local Court to District Court' 'variation and Extension of Apprehended Domestic Violence Order' 'prima Facie Grounds for Appeal' 'whether Proposed Proceedings Are Vexatious']
['procedure' 'vexatious Proceedings' 'criminal Law' 'apprehended Domestic Violence Orders'] ['leave to Institute Proceedings' 'appeal From Local Court to District Court' 'variation and Extension of Apprehended Domestic Violence Order' 'prima Facie Grounds for Appeal' 'whether Proposed Proceedings Are Vexatious']

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Procedural Posture

Application for Leave Under the Vexatious Proceedings Act 2008 to Commence District Court Appeal Proceedings / Supreme Court Determination of Leave Application

Legal Issues

  1. 1 ["Whether Mr Bar-Mordecai should be granted leave under the Vexatious Proceedings Act 2008 to institute an appeal in the District Court of NSW against the Local Court's variation extending an ADVO." 'Whether there were one or more prima facie grounds for the proposed District Court appeal.' 'Whether the proposed District Court appeal would be vexatious proceedings, including whether it would be instituted or conducted to harass, annoy or cause detriment to TS.']

Ratio Decidendi

Leave was granted because the Court was satisfied that the proposed District Court appeal was not vexatious and that Mr Bar-Mordecai had one or more prima facie grounds for the proceedings. His principal purpose was found to be the legitimate purpose of seeking to set aside the ADVO extension, not to harass, annoy or cause detriment to TS. The Court was also satisfied that imposing conditions limiting the appeal to the Local Court record and preventing any fresh evidence application without further leave would ensure, so far as reasonably practicable, that the proceedings would not be conducted vexatiously.

Court Disposition

Leave granted subject to conditions; costs reserved.

Orders

  • ['Pursuant to s16(3) of the Vexatious Proceedings Act 2008, the Court grants leave to Mr Bar-Mordecai to commence proceedings in the District Court of NSW, by way of instituting an appeal, pursuant to s 84(2) of the Crimes (Domestic and Personal Violence) Act 2007, to set aside orders made by Milledge LCM on 25 June...