Application by Michael Bar-Mordecai [2016] NSWSC 1518

Application by Michael Bar-Mordecai [2016] NSWSC 1518

Leave to institute proceedings seeking leave to appeal out of time is granted, subject to conditions restricting the permissible grounds of appeal to those that have at least arguable merit and are not vexatious, and requiring a written undertaking against seeking subpoenas without further leave. This is because at least some of the proposed grounds are not wholly devoid of merit and the delay in bringing the application can be reasonably explained by the applicant's restrictions as a vexatious litigant.

Parties
Applicant: Michael Bar-Mordecai
Jurisdiction
Australia
Judgment Date
27 October 2016
Procedural Posture
Application for Leave to Institute Proceedings / Determination (reasons and Orders for Leave to Appeal to District Court)
Outcome
Application for leave to institute proceedings granted, subject to conditions; no order as to costs.
Legal Topics
Vexatious Litigant Proceedings, Leave to Institute Appeal, Appeal Against Local Court Sentence, Restriction on Appeal Grounds
Procedure Criminal Law Vexatious Litigant Proceedings Leave to Institute Appeal Appeal Against Local Court Sentence Restriction on Appeal Grounds

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Parties

Michael Bar-Mordecai

Applicant

Procedural Posture

Application for Leave to Institute Proceedings / Determination (reasons and Orders for Leave to Appeal to District Court)

Legal Issues

  1. 1 Whether leave should be granted under s 16(3) of the Vexatious Proceedings Act 2008 (NSW) to institute proceedings seeking leave to appeal out of time against the Local Court sentence
  2. 2 Whether the proposed proceedings are not vexatious and have prima facie grounds
  3. 3 Whether specific grounds of appeal are permitted given the vexatious litigant regime

Ratio Decidendi

Leave to institute proceedings seeking leave to appeal out of time is granted, subject to conditions restricting the permissible grounds of appeal to those that have at least arguable merit and are not vexatious, and requiring a written undertaking against seeking subpoenas without further leave. This is because at least some of the proposed grounds are not wholly devoid of merit and the delay in bringing the application can be reasonably explained by the applicant's restrictions as a vexatious litigant.

Court Disposition

Application for leave to institute proceedings granted, subject to conditions; no order as to costs.

Orders

  • Pursuant to s 16(3) of the Vexatious Proceedings Act 2008 (NSW), leave is granted to the applicant to institute proceedings by lodging, in accordance with s 14(3) of the Crimes (Appeal and Review) Act 2001 (NSW), a written application to the District Court pursuant to s 13(1)(a) of the Crimes (Appeal and Review) Act...
  • Leave is subject to conditions: (a) grounds of appeal are limited to those stated in the draft notice of appeal as annexed to the applicant's affidavit, as amended by deleting grounds (2), (3), (6) and (8), and amending ground (4) to refer to 'legal error demonstrated' not 'actual bias and abuse of process...