Application by Michael Bar-Mordecai [2011] NSWSC 418

Application by Michael Bar-Mordecai [2011] NSWSC 418

The requirements of s 14(3) of the Vexatious Proceedings Act 2008 were satisfied; the application did not constitute vexatious proceedings under s 6; and there existed a prima facie ground for the appeal. Therefore, the order sought under s 16(1)(a) that Mr Bar-Mordecai serve each relevant person with a copy of his application and supporting affidavit, together with this decision, must be made.

Jurisdiction
Australia
Judgment Date
16 May 2011
Procedural Posture
Application for Leave to Commence Proceedings Under Vexatious Proceedings Act 2008 / Chambers; Determination of Application to Serve Under S 16(1)(a)
Outcome
Order granted under s 16(1)(a) of the Vexatious Proceedings Act 2008
Legal Topics
['vexatious Proceedings' 'leave to Commence Proceedings' 'interlocutory Applications' 'appeals']
['civil Procedure'] ['vexatious Proceedings' 'leave to Commence Proceedings' 'interlocutory Applications' 'appeals']

Case Brief

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Procedural Posture

Application for Leave to Commence Proceedings Under Vexatious Proceedings Act 2008 / Chambers; Determination of Application to Serve Under S 16(1)(a)

Legal Issues

  1. 1 ['Whether leave should be granted under section 16(1)(a) of the Vexatious Proceedings Act 2008 to serve an application for leave to institute proceedings by filing a notice of appeal.' 'Whether the requirements of section 14(3) of the Vexatious Proceedings Act 2008 were complied with.' 'Whether the application should be dismissed on the grounds set out in section 15(1) of the Act.']

Ratio Decidendi

The requirements of s 14(3) of the Vexatious Proceedings Act 2008 were satisfied; the application did not constitute vexatious proceedings under s 6; and there existed a prima facie ground for the appeal. Therefore, the order sought under s 16(1)(a) that Mr Bar-Mordecai serve each relevant person with a copy of his application and supporting affidavit, together with this decision, must be made.

Court Disposition

Order granted under s 16(1)(a) of the Vexatious Proceedings Act 2008

Orders

  • ['Mr Bar-Mordecai is to serve each relevant person with a copy of his application and supporting affidavit and a notice that the person is entitled to appear and be heard on the application, together with a copy of this decision.']