Application by Michael Bar-Mordecai [2011] NSWSC 237

Application by Michael Bar-Mordecai [2011] NSWSC 237

Although the applicant's affidavit substantially complied with s 14(3), the proposed fresh application was an abuse of process because it sought to re-agitate matters and grounds that were or could have been raised in earlier attempts to challenge the 2007 judgment and AVO, including an all-grounds appeal application dismissed by consent and a later failed limited leave application. The material relied on did not establish a prima facie ground for setting aside the judgment or AVO, and therefore the leave application had to be dismissed under s 15(1).

Jurisdiction
Australia
Judgment Date
05 April 2011
Procedural Posture
Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 / In Chambers; Consideration Under S 15(1) Before Leave to Serve Under S 16(1)
Outcome
Application dismissed
Legal Topics
['leave to Institute Proceedings by Vexatious Litigant' 'abuse of Process' 'prima Facie Grounds for Proposed Proceedings' 'variation or Revocation of Final Apprehended Violence Order']
['procedure' 'vexatious Proceedings' 'apprehended Violence Orders'] ['leave to Institute Proceedings by Vexatious Litigant' 'abuse of Process' 'prima Facie Grounds for Proposed Proceedings' 'variation or Revocation of Final Apprehended Violence Order']

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Procedural Posture

Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 / In Chambers; Consideration Under S 15(1) Before Leave to Serve Under S 16(1)

Legal Issues

  1. 1 ["Whether the applicant's affidavit substantially complied with s 14(3) of the Vexatious Proceedings Act 2008." 'Whether the proposed Local Court proceedings were vexatious proceedings or an abuse of process.' 'Whether there was any prima facie ground for proceedings to set aside the 2007 judgment and apprehended violence order.']

Ratio Decidendi

Although the applicant's affidavit substantially complied with s 14(3), the proposed fresh application was an abuse of process because it sought to re-agitate matters and grounds that were or could have been raised in earlier attempts to challenge the 2007 judgment and AVO, including an all-grounds appeal application dismissed by consent and a later failed limited leave application. The material relied on did not establish a prima facie ground for setting aside the judgment or AVO, and therefore the leave application had to be dismissed under s 15(1).

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.']