Application by Michael Bar-Mordecai for Leave to Commence Proceedings [2012] NSWSC 942

Application by Michael Bar-Mordecai for Leave to Commence Proceedings [2012] NSWSC 942

Leave was refused because the proposed proceedings against the judges, the Court of Appeal members, the Health Care Complaints Commission and the Medical Board of NSW lacked any prima facie factual or legal basis, would be vexatious within the meaning of the Vexatious Proceedings Act 2008, and, as to the judges, were barred by judicial immunity insofar as they concerned judicial conduct. The proposed challenge to the Court of Appeal could not be brought under s 69 of the Supreme Court Act 1970, and any proceeding concerning Schmidt AJ's refusal of leave would in substance be an appeal prohibited by s 14(6) of the Vexatious Proceedings Act 2008.

Jurisdiction
Australia
Judgment Date
17 August 2012
Procedural Posture
Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 / On the Papers; Summons Dismissed
Outcome
Summons dismissed; leave to institute the proposed proceedings refused.
Legal Topics
['leave to Institute Proceedings' 'vexatious Proceedings Act 2008' 'no Prima Facie Ground for Proceedings' 'judicial Immunity From Suit' 'section 69 Supreme Court Act Relief']
['practice and Procedure' 'vexatious Proceedings' 'judicial Immunity' 'administrative Law'] ['leave to Institute Proceedings' 'vexatious Proceedings Act 2008' 'no Prima Facie Ground for Proceedings' 'judicial Immunity From Suit' 'section 69 Supreme Court Act Relief']

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Procedural Posture

Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 / On the Papers; Summons Dismissed

Legal Issues

  1. 1 ['Whether leave should be granted to Michael Bar-Mordecai to institute proceedings against judges involved in prior decisions concerning his deregistration and review applications.' 'Whether the proposed proceedings were vexatious proceedings or had any prima facie ground.' 'Whether judicial immunity barred proposed claims against judges for conduct undertaken in their judicial capacity.' 'Whether s 69 of the Supreme Court Act 1970 could be used to attack a final judgment of the Court of Appeal.' 'Whether leave should be granted to commence damages proceedings against the Health Care Complaints Commission and the Medical Board of NSW.']

Ratio Decidendi

Leave was refused because the proposed proceedings against the judges, the Court of Appeal members, the Health Care Complaints Commission and the Medical Board of NSW lacked any prima facie factual or legal basis, would be vexatious within the meaning of the Vexatious Proceedings Act 2008, and, as to the judges, were barred by judicial immunity insofar as they concerned judicial conduct. The proposed challenge to the Court of Appeal could not be brought under s 69 of the Supreme Court Act 1970, and any proceeding concerning Schmidt AJ's refusal of leave would in substance be an appeal prohibited by s 14(6) of the Vexatious Proceedings Act 2008.

Court Disposition

Summons dismissed; leave to institute the proposed proceedings refused.

Orders

  • ['Leave to commence proceedings against Blanch CJ refused.' 'Leave to commence proceedings against Cooper DCJ refused.' 'Leave to commence proceedings against Murrell DCJ refused.' 'Leave to commence proceedings against the members of the Court of Appeal refused.' 'Leave to commence proceedings against Schmidt AJ...