Application of Bar-Mordecai [2020] NSWSC 796

Application of Bar-Mordecai [2020] NSWSC 796

Leave to institute the proposed appeal proceedings was refused because none of the proposed grounds of appeal constituted prima facie grounds for consideration by the Court of Appeal, some grounds were vexatious within s 15(1)(b) and s 6 of the Vexatious Proceedings Act 2008 (NSW), and the applicant was seeking to relitigate issues already determined by Davies J without proper bases at law.

Jurisdiction
Australia
Judgment Date
24 June 2020
Procedural Posture
Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 (nsw) / On the Papers Application for Leave to File Notices of Appeal in the Court of Appeal
Outcome
Leave to institute proceedings refused and both summonses dismissed.
Legal Topics
['vexatious Litigants' 'vexatious Proceedings' 'leave to Institute Proceedings' 'leave to Appeal' 'recusal' 'actual Bias']
['civil Procedure'] ['vexatious Litigants' 'vexatious Proceedings' 'leave to Institute Proceedings' 'leave to Appeal' 'recusal' 'actual Bias']

Case Brief

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Procedural Posture

Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 (nsw) / On the Papers Application for Leave to File Notices of Appeal in the Court of Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted leave under s 14 of the Vexatious Proceedings Act 2008 (NSW) to institute proceedings by filing notices of appeal in the Court of Appeal.' "Whether the applicant's proposed appeal grounds disclosed one or more prima facie grounds for the proceedings." 'Whether any proposed appeal grounds were vexatious proceedings within the meaning of the Vexatious Proceedings Act 2008 (NSW).' 'Whether Davies J erred by refusing to recuse himself or by showing actual bias.']

Ratio Decidendi

Leave to institute the proposed appeal proceedings was refused because none of the proposed grounds of appeal constituted prima facie grounds for consideration by the Court of Appeal, some grounds were vexatious within s 15(1)(b) and s 6 of the Vexatious Proceedings Act 2008 (NSW), and the applicant was seeking to relitigate issues already determined by Davies J without proper bases at law.

Court Disposition

Leave to institute proceedings refused and both summonses dismissed.

Orders

  • ['In proceedings 2020/143803: Refuse leave to institute proceedings.' 'In proceedings 2020/143803: Dismiss the summons.' 'In proceedings 2020/143835: Refuse leave to institute proceedings.' 'In proceedings 2020/143835: Dismiss the summons.']