Bar-Mordecai v Attorney General of New South Wales [2012] NSWSC 453

Bar-Mordecai v Attorney General of New South Wales [2012] NSWSC 453

Leave is granted to the plaintiff to apply to the Medical Tribunal for review of his deregistration, but strictly limited to grounds of current fitness and competence (as outlined in 5(a) and 5(e) of the proposed application) and the relief of re-registration without conditions. All other grounds, forms of relief, and scandalous or irrelevant allegations are expressly excluded from the scope of leave, ensuring that only matters within the Tribunal's jurisdiction and not vexatious or collateral can proceed.

Jurisdiction
Australia
Judgment Date
24 April 2012
Procedural Posture
Application for Leave to Institute Proceedings / Ex Tempore Judgment on Application for Leave
Outcome
Leave granted to apply for review in the Medical Tribunal, subject to conditions; costs order against Plaintiff.
Legal Topics
['vexatious Proceedings' 'leave to Institute Proceedings' 'medical Registration Review' 'jurisdiction of Tribunal']
['administrative Law' 'civil Procedure'] ['vexatious Proceedings' 'leave to Institute Proceedings' 'medical Registration Review' 'jurisdiction of Tribunal']

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Procedural Posture

Application for Leave to Institute Proceedings / Ex Tempore Judgment on Application for Leave

Legal Issues

  1. 1 ['Whether leave should be granted to a vexatious litigant to institute proceedings in the Medical Tribunal of New South Wales' 'Whether conditions should be imposed on leave to limit grounds and relief sought in the Tribunal']

Ratio Decidendi

Leave is granted to the plaintiff to apply to the Medical Tribunal for review of his deregistration, but strictly limited to grounds of current fitness and competence (as outlined in 5(a) and 5(e) of the proposed application) and the relief of re-registration without conditions. All other grounds, forms of relief, and scandalous or irrelevant allegations are expressly excluded from the scope of leave, ensuring that only matters within the Tribunal's jurisdiction and not vexatious or collateral can proceed.

Court Disposition

Leave granted to apply for review in the Medical Tribunal, subject to conditions; costs order against Plaintiff.

Orders

  • ['Plaintiff granted leave to lodge application for review in Medical Tribunal with grounds limited to fitness and competence as specified; only the relief in 7(b) of the proposed application may be sought; application must not include any other grounds, forms of relief, or matters specified in paragraphs 6, 8, and 9...