Bar-Mordecai v The Attorney-General for the State of New South Wales (No 2) [2020] NSWSC 1217

Bar-Mordecai v The Attorney-General for the State of New South Wales (No 2) [2020] NSWSC 1217

Leave to institute proceedings is refused and the summonses dismissed because the applications are an abuse of process, are instituted without reasonable grounds, and are a collateral attack on previous judgments (including refusal of leave to appeal), contrary to the Vexatious Proceedings Act 2008 (NSW).

Parties
Plaintiff: Michael Bar-Mordecai; First Defendant: The Attorney-General for the State of New South Wales; Second Defendant: Jewish National Fund of Australia Ltd
Jurisdiction
Australia
Judgment Date
11 September 2020
Procedural Posture
Civil (vexatious Litigant Leave to Institute Proceedings) / Determination on Application for Leave to Institute Proceedings and Amendment of Defences
Outcome
Leave to institute proceedings refused and summonses dismissed in both proceedings 2020/229578 and 2020/229550
Legal Topics
Vexatious Litigants, Leave to Institute Proceedings, Abuse of Process
Civil Procedure Vexatious Litigants Leave to Institute Proceedings Abuse of Process

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Parties

Michael Bar-Mordecai

Plaintiff

The Attorney-General for the State of New South Wales

First Defendant

Jewish National Fund of Australia Ltd

Second Defendant

Procedural Posture

Civil (vexatious Litigant Leave to Institute Proceedings) / Determination on Application for Leave to Institute Proceedings and Amendment of Defences

Legal Issues

  1. 1 Whether leave should be granted to a declared vexatious litigant to institute proceedings and amend defences
  2. 2 Whether the applications amount to a collateral attack on previous judgments
  3. 3 Whether the applications amount to an abuse of process, are made without reasonable grounds, or for a wrongful purpose

Ratio Decidendi

Leave to institute proceedings is refused and the summonses dismissed because the applications are an abuse of process, are instituted without reasonable grounds, and are a collateral attack on previous judgments (including refusal of leave to appeal), contrary to the Vexatious Proceedings Act 2008 (NSW).

Court Disposition

Leave to institute proceedings refused and summonses dismissed in both proceedings 2020/229578 and 2020/229550

Orders

  • In proceedings 2020/229578: (a) Refuse leave to institute proceedings. (b) Dismiss the summons.
  • In proceedings 2020/229550: (a) Refuse leave to institute proceedings. (b) Dismiss the summons.