Bar-Mordecai v The Attorney-General for the State of New South Wales (No. 1) [2020] NSWSC 1216

Bar-Mordecai v The Attorney-General for the State of New South Wales (No. 1) [2020] NSWSC 1216

Leave to institute proceedings was refused and summons dismissed because there was no prima facie ground for the Notice to Produce, and cross-examination did not require leave under the Vexatious Proceedings Act. The matters sought were not relevant to the issues on summary judgment and were otherwise precluded by s 102 of the Evidence Act.

Jurisdiction
Australia
Judgment Date
11 September 2020
Procedural Posture
Application for Leave to Institute Proceedings Under Vexatious Proceedings Act / Determination on Papers, Refusal of Leave and Dismissal of Summonses
Outcome
Leave refused, summonses dismissed
Legal Topics
['vexatious Litigants' 'leave to Institute Proceedings' 'notice to Produce' 'cross Examination of Witnesses' 'summary Judgment']
['civil Procedure'] ['vexatious Litigants' 'leave to Institute Proceedings' 'notice to Produce' 'cross Examination of Witnesses' 'summary Judgment']

Case Brief

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Procedural Posture

Application for Leave to Institute Proceedings Under Vexatious Proceedings Act / Determination on Papers, Refusal of Leave and Dismissal of Summonses

Legal Issues

  1. 1 ['Whether leave should be granted to institute procedural applications under the Vexatious Proceedings Act 2008 (NSW)' 'Whether there is a prima facie ground for the issue of a Notice to Produce' 'Relevance of cross-examination and production requests to summary judgment applications']

Ratio Decidendi

Leave to institute proceedings was refused and summons dismissed because there was no prima facie ground for the Notice to Produce, and cross-examination did not require leave under the Vexatious Proceedings Act. The matters sought were not relevant to the issues on summary judgment and were otherwise precluded by s 102 of the Evidence Act.

Court Disposition

Leave refused, summonses dismissed

Orders

  • ['In proceedings 2020/217314: (a) Refuse leave to institute proceedings. (b) Dismiss the summons.' 'In proceedings 2020/217322: (a) Refuse leave to institute proceedings. (b) Dismiss the summons.']