Application of Bar-Mordecai [2020] NSWSC 1334

Application of Bar-Mordecai [2020] NSWSC 1334

Leave was refused because the applicant did not substantially comply with s 14(3)(c) of the Vexatious Proceedings Act 2008 (NSW): he failed to provide or specifically draw attention to the recent judgment in Jewish National Fund of Australia Ltd v Bar-Mordecai [2020] NSWSC 384, which was known to him, adverse to him, and materially relevant because it concerned a prior unsuccessful attempt to obtain relief against the proposed defendant arising from the same or substantially the same facts.

Jurisdiction
Australia
Judgment Date
01 October 2020
Procedural Posture
Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 (nsw) / On the Papers
Outcome
Leave to institute proceedings refused.
Legal Topics
['leave to Institute Proceedings' 'vexatious Proceedings Order' 'affidavit Disclosure Requirements' 'prior Adverse Judgment']
['civil Procedure' 'vexatious Proceedings'] ['leave to Institute Proceedings' 'vexatious Proceedings Order' 'affidavit Disclosure Requirements' 'prior Adverse Judgment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 (nsw) / On the Papers

Legal Issues

  1. 1 ["Whether the applicant's affidavit disclosed all facts material to the application, whether supporting or adverse, as required by s 14(3)(c) of the Vexatious Proceedings Act 2008 (NSW)." 'Whether leave to institute proceedings should be refused because an essential statutory precondition for the grant of leave was not fulfilled.']

Ratio Decidendi

Leave was refused because the applicant did not substantially comply with s 14(3)(c) of the Vexatious Proceedings Act 2008 (NSW): he failed to provide or specifically draw attention to the recent judgment in Jewish National Fund of Australia Ltd v Bar-Mordecai [2020] NSWSC 384, which was known to him, adverse to him, and materially relevant because it concerned a prior unsuccessful attempt to obtain relief against the proposed defendant arising from the same or substantially the same facts.

Court Disposition

Leave to institute proceedings refused.

Orders

  • ['Leave to institute proceedings refused.']