Application by Michael Bar-Mordecai [2012] NSWSC 501

Application by Michael Bar-Mordecai [2012] NSWSC 501

The proposed appeal from Beech-Jones J's costs order disclosed no prima facie ground because the costs order was a discretionary decision, there was no basis to identify House v The King error, no requirement for 'extenuating circumstances' before making the costs order, and no support for the contention that the order was punitive. Section 15 of the Vexatious Proceedings Act 2008 therefore obliged the Court to dismiss the application. In any event, s 14(6) did not permit Mr Bar-Mordecai to appeal from Beech-Jones J's decision disposing of the earlier s 14 application, including the costs order.

Jurisdiction
Australia
Judgment Date
08 June 2012
Procedural Posture
Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 / Ex Parte Hearing of Summons Filed 21 May 2012
Outcome
Application dismissed
Legal Topics
['application for Leave to Institute Proceedings' 'vexatious Proceedings Order' 'prima Facie Grounds for Proposed Proceedings' 'costs Discretion' 'leave to Appeal From Costs Order' 'bar on Appeal From Decision Disposing of Application']
['practice and Procedure' 'vexatious Proceedings' 'costs' 'appeals'] ['application for Leave to Institute Proceedings' 'vexatious Proceedings Order' 'prima Facie Grounds for Proposed Proceedings' 'costs Discretion' 'leave to Appeal From Costs Order' 'bar on Appeal From Decision Disposing of Application']

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Procedural Posture

Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 / Ex Parte Hearing of Summons Filed 21 May 2012

Legal Issues

  1. 1 ['Whether the supporting affidavit substantially complied with s 14(3) of the Vexatious Proceedings Act 2008.' 'Whether the proposed proceedings were vexatious or lacked any prima facie ground for the purposes of s 15 of the Vexatious Proceedings Act 2008.' 'Whether Mr Bar-Mordecai should be granted leave to institute proceedings in the Court of Appeal to seek leave to appeal from the costs order made by Beech-Jones J.' "Whether s 14(6) of the Vexatious Proceedings Act 2008 precluded an appeal from Beech-Jones J's decision disposing of the earlier application."]

Ratio Decidendi

The proposed appeal from Beech-Jones J's costs order disclosed no prima facie ground because the costs order was a discretionary decision, there was no basis to identify House v The King error, no requirement for 'extenuating circumstances' before making the costs order, and no support for the contention that the order was punitive. Section 15 of the Vexatious Proceedings Act 2008 therefore obliged the Court to dismiss the application. In any event, s 14(6) did not permit Mr Bar-Mordecai to appeal from Beech-Jones J's decision disposing of the earlier s 14 application, including the costs order.

Court Disposition

Application dismissed

Orders

  • ['I dismiss the application of Mr Bar-Mordecai made by summons filed 21 May 2012.']