Application by Bar-Mordecai [2013] NSWSC 1048

Application by Bar-Mordecai [2013] NSWSC 1048

The proceedings before Fullerton J were proceedings for leave to institute proceedings and, after refusal of that application, there were no extant proceedings in which a routine interlocutory order could be sought. An application to set aside the refusal of leave was not a routine interlocutory application such as discovery in properly instituted proceedings, and therefore the applicant could not have the notice of motion accepted for filing on that basis.

Jurisdiction
Australia
Judgment Date
22 July 2013
Procedural Posture
Notice of Motion Concerning Filing of Application to Set Aside Judgment Refusing Leave to Institute Proceedings Where Vexatious Proceedings Order Applies / Ex Tempore Judgment on Application for Direction to Registrar to Accept Notice of Motion for Filing
Outcome
Application rejected
Legal Topics
['uniform Civil Procedure Rules 2005 (nsw) R 36.16' 'application to Set Aside Judgment' 'leave to Institute Proceedings' 'routine Interlocutory Applications in Extant Proceedings']
['practice and Procedure' 'vexatious Proceedings'] ['uniform Civil Procedure Rules 2005 (nsw) R 36.16' 'application to Set Aside Judgment' 'leave to Institute Proceedings' 'routine Interlocutory Applications in Extant Proceedings']

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Procedural Posture

Notice of Motion Concerning Filing of Application to Set Aside Judgment Refusing Leave to Institute Proceedings Where Vexatious Proceedings Order Applies / Ex Tempore Judgment on Application for Direction to Registrar to Accept Notice of Motion for Filing

Legal Issues

  1. 1 ["Whether the applicant's notice of motion to set aside the judgment refusing leave to institute proceedings should be accepted for filing without further leave despite the vexatious proceedings order." 'Whether an application to set aside an order refusing leave to institute proceedings is a routine interlocutory application in extant proceedings.']

Ratio Decidendi

The proceedings before Fullerton J were proceedings for leave to institute proceedings and, after refusal of that application, there were no extant proceedings in which a routine interlocutory order could be sought. An application to set aside the refusal of leave was not a routine interlocutory application such as discovery in properly instituted proceedings, and therefore the applicant could not have the notice of motion accepted for filing on that basis.

Court Disposition

Application rejected

Orders

  • ["I reject Mr Bar-Mordecai's application."]