Application of Michael Bar-Mordecai [2013] NSWSC 1286

Application of Michael Bar-Mordecai [2013] NSWSC 1286

The application was dismissed because the proposed Statement of Claim was not a proper pleading and would be liable to be struck out, the voluminous evidence did not establish any prima facie grounds that the expert witnesses' evidence was fraudulent or that the Medical Tribunal judgment should be set aside, and the proposed proceedings would be vexatious having regard to the time elapsed, the pending Medical Tribunal proceedings concerning re-registration, and Mr Bar-Mordecai's numerous unsuccessful attempts to bring similar fraud allegations.

Jurisdiction
Australia
Judgment Date
12 September 2013
Procedural Posture
Application for Leave to Commence Proceedings Under the Vexatious Proceedings Act 2008 / On the Papers; Application Dismissed
Outcome
Application dismissed.
Legal Topics
['vexatious Proceedings' 'leave to Institute Proceedings' 'prima Facie Basis' 'strike Out of Pleading' 'alleged Fraud in Procuring Tribunal Judgment']
['procedure'] ['vexatious Proceedings' 'leave to Institute Proceedings' 'prima Facie Basis' 'strike Out of Pleading' 'alleged Fraud in Procuring Tribunal Judgment']

Case Brief

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Procedural Posture

Application for Leave to Commence Proceedings Under the Vexatious Proceedings Act 2008 / On the Papers; Application Dismissed

Legal Issues

  1. 1 ['Whether leave should be granted to commence proceedings to set aside a Medical Tribunal of NSW judgment on the basis that expert witness evidence was fraudulent.' 'Whether the application should be dismissed under s 15 of the Vexatious Proceedings Act 2008 before service on relevant persons.' 'Whether the proposed Statement of Claim disclosed a reasonable case or would be liable to be struck out under r 14.28 of the Uniform Civil Procedure Rules 2005.']

Ratio Decidendi

The application was dismissed because the proposed Statement of Claim was not a proper pleading and would be liable to be struck out, the voluminous evidence did not establish any prima facie grounds that the expert witnesses' evidence was fraudulent or that the Medical Tribunal judgment should be set aside, and the proposed proceedings would be vexatious having regard to the time elapsed, the pending Medical Tribunal proceedings concerning re-registration, and Mr Bar-Mordecai's numerous unsuccessful attempts to bring similar fraud allegations.

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 dated 19 December 2012, and the Amended Summons dated 18 April 2013, is dismissed.']