Application by Michael Bar-Mordecai [2011] NSWSC 236

Application by Michael Bar-Mordecai [2011] NSWSC 236

The Court was satisfied that Mr Bar-Mordecai's affidavit substantially complied with s 14(3), that the proposed appeal was not vexatious because it raised an important question about the construction and operation of the Vexatious Proceedings Act 2008, and that there was a prima facie ground for the proposed appeal because it was arguable whether the Act required prior Court leave before an applicant could serve or rely on further evidence. The Court therefore made the service order required by s 16(1).

Jurisdiction
Australia
Judgment Date
05 April 2011
Procedural Posture
Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 / In Chambers; Preliminary Consideration Under Ss 15 and 16(1)
Outcome
Order made that Mr Bar-Mordecai serve each relevant person with his application, supporting affidavit, notice of entitlement to appear and be heard, and a copy of the decision.
Legal Topics
['vexatious Proceedings' 'leave to Institute Proceedings' 'notice of Appeal' 'service of Application' 'prima Facie Grounds']
['civil Procedure'] ['vexatious Proceedings' 'leave to Institute Proceedings' 'notice of Appeal' 'service of Application' 'prima Facie Grounds']

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Procedural Posture

Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 / In Chambers; Preliminary Consideration Under Ss 15 and 16(1)

Legal Issues

  1. 1 ['Whether the affidavit filed by Mr Bar-Mordecai substantially complied with s 14(3) of the Vexatious Proceedings Act 2008.' 'Whether the proposed appeal proceedings were vexatious proceedings.' 'Whether there was a prima facie ground for the proposed appeal proceedings.' "Whether an applicant subject to a vexatious proceedings order requires the Court's prior leave to serve or rely on further evidence after leave to serve an application has been granted under s 16(1) of the Vexatious Proceedings Act 2008."]

Ratio Decidendi

The Court was satisfied that Mr Bar-Mordecai's affidavit substantially complied with s 14(3), that the proposed appeal was not vexatious because it raised an important question about the construction and operation of the Vexatious Proceedings Act 2008, and that there was a prima facie ground for the proposed appeal because it was arguable whether the Act required prior Court leave before an applicant could serve or rely on further evidence. The Court therefore made the service order required by s 16(1).

Court Disposition

Order made that Mr Bar-Mordecai serve each relevant person with his application, supporting affidavit, notice of entitlement to appear and be heard, and a copy of the decision.

Orders

  • ['Mr Bar-Mordecai is to serve each relevant person with a copy of his application and supporting affidavit and a notice that the person is entitled to appear and be heard on the application, together with a copy of this decision.']