Application of Bar-Mordecai [2014] NSWSC 1202

Application of Bar-Mordecai [2014] NSWSC 1202

Leave was granted because the proposed review, having regard to its nature and the time elapsed since the last review, had a prima facie ground and was not to be treated as vexatious if confined to permissible grounds concerning the plaintiff's current fitness and competence. A condition limiting the review grounds was necessary because the plaintiff's proposed material included scandalous attacks and an impermissible attempt to re-examine earlier Tribunal findings prohibited by s 163C(2). Further conditions about scandalous or abusive material were unnecessary because the limited grounds and the Tribunal's ordinary control of relevance were sufficient. Payment of earlier costs was not...

Jurisdiction
Australia
Judgment Date
01 September 2014
Procedural Posture
Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 (nsw) / Principal Judgment on Summons Seeking Leave to Lodge an Application for Review
Outcome
Leave granted subject to condition; costs submissions directed.
Legal Topics
['vexatious Proceedings' 'leave to Institute Proceedings' 'medical Practitioner Deregistration' 'review by New South Wales Civil and Administrative Tribunal' 'conditions on Leave' 'costs']
['civil Procedure' 'health Practitioner Regulation' 'administrative Law'] ['vexatious Proceedings' 'leave to Institute Proceedings' 'medical Practitioner Deregistration' 'review by New South Wales Civil and Administrative Tribunal' 'conditions on Leave' 'costs']

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Procedural Posture

Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 (nsw) / Principal Judgment on Summons Seeking Leave to Lodge an Application for Review

Legal Issues

  1. 1 ['Whether leave should be granted under s 16(4) of the Vexatious Proceedings Act 2008 (NSW) for the plaintiff to institute review proceedings concerning his deregistration as a medical practitioner.' 'Whether the proposed review proceeding would be a vexatious proceeding or had one or more prima facie grounds.' 'Whether leave should be conditioned to exclude scandalous allegations against judicial officers or impermissible re-examination of earlier Tribunal findings.' 'Whether payment of earlier costs orders should be made a condition of the grant of leave.']

Ratio Decidendi

Leave was granted because the proposed review, having regard to its nature and the time elapsed since the last review, had a prima facie ground and was not to be treated as vexatious if confined to permissible grounds concerning the plaintiff's current fitness and competence. A condition limiting the review grounds was necessary because the plaintiff's proposed material included scandalous attacks and an impermissible attempt to re-examine earlier Tribunal findings prohibited by s 163C(2). Further conditions about scandalous or abusive material were unnecessary because the limited grounds and the Tribunal's ordinary control of relevance were sufficient. Payment of earlier costs was not...

Court Disposition

Leave granted subject to condition; costs submissions directed.

Orders

  • ["Leave is granted to the plaintiff to institute proceedings by lodging with the Executive Officer of the Medical Council an application for review by the New South Wales Civil and Administrative Tribunal pursuant to s 163A of the Health Practitioner Regulation National Law (NSW) of the Tribunal's order of 6...