Application of Michael Bar-Mordecai [2013] NSWSC 1253

Application of Michael Bar-Mordecai [2013] NSWSC 1253

The application was dismissed because the proposed pleading did not constitute the tort of assault, there was no legal basis for State vicarious liability for a judge's conduct, and the limitation period had long expired with no basis for extension.

Jurisdiction
Australia
Judgment Date
05 September 2013
Procedural Posture
Application for Leave to Commence Proceedings Under Vexatious Proceedings Act 2008 / Determination of Application on the Papers
Outcome
Application dismissed
Legal Topics
['vexatious Proceedings' 'leave to Institute Proceedings' 'extension of Limitation Period' 'vicarious Liability of State' 'tort of Assault']
['civil Procedure'] ['vexatious Proceedings' 'leave to Institute Proceedings' 'extension of Limitation Period' 'vicarious Liability of State' 'tort of Assault']

Case Brief

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Procedural Posture

Application for Leave to Commence Proceedings Under Vexatious Proceedings Act 2008 / Determination of Application on the Papers

Legal Issues

  1. 1 ['Whether leave should be granted to commence proceedings under the Vexatious Proceedings Act 2008' 'Whether the proposed claim discloses a prima facie ground for relief' 'Applicability of limitation period and potential for extension' 'State vicarious liability for judicial acts']

Ratio Decidendi

The application was dismissed because the proposed pleading did not constitute the tort of assault, there was no legal basis for State vicarious liability for a judge's conduct, and the limitation period had long expired with no basis for extension.

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 29 July 2013, is dismissed.']