Application of Michael Bar-Mordecai [2013] NSWSC 1252

Application of Michael Bar-Mordecai [2013] NSWSC 1252

The application for leave to institute proceedings must be dismissed because the alleged conduct does not constitute the tort of assault, there is no legal basis for vicarious liability against the State of NSW, the limitation period has expired with no sufficient basis disclosed for extension, and the application lacks a prima facie ground as required under the Vexatious Proceedings Act 2008.

Jurisdiction
Australia
Judgment Date
05 September 2013
Procedural Posture
Application for Leave to Commence Proceedings / Decision on Application for Leave
Outcome
application dismissed
Legal Topics
['vexatious Proceedings' 'leave to Institute Proceedings' 'limitation Periods' 'tort of Assault' 'vicarious Liability']
['civil Procedure'] ['vexatious Proceedings' 'leave to Institute Proceedings' 'limitation Periods' 'tort of Assault' 'vicarious Liability']

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Procedural Posture

Application for Leave to Commence Proceedings / Decision on Application for Leave

Legal Issues

  1. 1 ['Whether leave should be granted to commence proceedings under the Vexatious Proceedings Act 2008' 'Whether the proposed proceedings disclose a prima facie cause of action for assault' 'Whether the State of NSW can be vicariously liable for the alleged conduct of a judge' 'Whether the limitation period can be extended']

Ratio Decidendi

The application for leave to institute proceedings must be dismissed because the alleged conduct does not constitute the tort of assault, there is no legal basis for vicarious liability against the State of NSW, the limitation period has expired with no sufficient basis disclosed for extension, and the application lacks a prima facie ground as required under the Vexatious Proceedings Act 2008.

Court Disposition

application dismissed

Orders

  • ['The application for leave to commence proceedings pursuant to s 14 of the Vexatious Proceedings Act 2008, contained in the Summons filed 26 July 2013, is dismissed.']