Attorney General for the State of New South Wales v Bar-Mordecai [2010] NSWSC 542

Attorney General for the State of New South Wales v Bar-Mordecai [2010] NSWSC 542

The motion was dismissed because Mr Bar-Mordecai failed to disclose the material 8 February 2010 Crown Solicitor's letter reversing the earlier objection to the pleading, after that letter the application was pursued without reasonable grounds and lacked a prima facie basis, the proposed particulars conflicted with Smart AJ's earlier ruling or were irrelevant or surplusage, and the draft sought to revive malicious prosecution and further unlawful imprisonment claims for which leave had already been refused without any basis for reconsideration.

Jurisdiction
Australia
Judgment Date
26 May 2010
Procedural Posture
Application for Leave Under the Vexatious Proceedings Act 2008 to File an Amended Statement of Claim in District Court Proceedings / Determination of Notice of Motion Dated 22 February 2010 Under S 15 of the Vexatious Proceedings Act 2008
Outcome
The notice of motion dated 22 February 2010 was dismissed and Mr Bar-Mordecai was ordered to pay the costs of the motion.
Legal Topics
['vexatious Litigant' 'leave to Institute or Amend Proceedings' 'amended Statement of Claim' 'prima Facie Grounds' 'abuse of Process']
['civil Procedure'] ['vexatious Litigant' 'leave to Institute or Amend Proceedings' 'amended Statement of Claim' 'prima Facie Grounds' 'abuse of Process']

Case Brief

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Procedural Posture

Application for Leave Under the Vexatious Proceedings Act 2008 to File an Amended Statement of Claim in District Court Proceedings / Determination of Notice of Motion Dated 22 February 2010 Under S 15 of the Vexatious Proceedings Act 2008

Legal Issues

  1. 1 ['Whether the affidavit supporting the application substantially complied with s 14(3) of the Vexatious Proceedings Act 2008.' 'Whether the proposed proceedings to amend the statement of claim were vexatious proceedings.' 'Whether there was a prima facie ground for the proposed amended statement of claim.' 'Whether leave should be granted to include amendments concerning malicious prosecution and a further cause of action for unlawful imprisonment after leave for those causes had previously been refused.']

Ratio Decidendi

The motion was dismissed because Mr Bar-Mordecai failed to disclose the material 8 February 2010 Crown Solicitor's letter reversing the earlier objection to the pleading, after that letter the application was pursued without reasonable grounds and lacked a prima facie basis, the proposed particulars conflicted with Smart AJ's earlier ruling or were irrelevant or surplusage, and the draft sought to revive malicious prosecution and further unlawful imprisonment claims for which leave had already been refused without any basis for reconsideration.

Court Disposition

The notice of motion dated 22 February 2010 was dismissed and Mr Bar-Mordecai was ordered to pay the costs of the motion.

Orders

  • ['The notice of motion dated 22 February 2010 is dismissed.' 'Mr Bar-Mordecai to pay the costs of the motion.']