Bar-Mordecai - application [2012] NSWSC 707

Bar-Mordecai - application [2012] NSWSC 707

The application was dismissed as there was no error in the orders of Hulme J, and the alleged process error by Johnson J did not amount to a legally relevant error; no prima facie ground for granting leave was established under the Vexatious Proceedings Act 2008.

Jurisdiction
Australia
Judgment Date
31 May 2012
Procedural Posture
Application for Leave to Institute Proceedings / Determination of Application
Outcome
Application dismissed
Legal Topics
['vexatious Proceedings' 'leave to Appeal' 'costs Orders' 'discretionary Orders']
['civil Procedure'] ['vexatious Proceedings' 'leave to Appeal' 'costs Orders' 'discretionary Orders']

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Procedural Posture

Application for Leave to Institute Proceedings / Determination of Application

Legal Issues

  1. 1 ['Whether the supporting affidavit complied with the requirements under the Vexatious Proceedings Act 2008' 'Whether proposed proceedings are vexatious or disclose a prima facie ground' 'Whether there was an error of process by Johnson J as alleged by the applicant' 'Whether any error or discretionary fault in the orders of Hulme J was established']

Ratio Decidendi

The application was dismissed as there was no error in the orders of Hulme J, and the alleged process error by Johnson J did not amount to a legally relevant error; no prima facie ground for granting leave was established under the Vexatious Proceedings Act 2008.

Court Disposition

Application dismissed

Orders

  • ['Application dismissed' 'Leave pursuant to the Vexatious Proceedings Act to institute proceedings is refused']