Application by Bar-Mordecai [2018] NSWSC 271

The Court dismissed the application because it was materially identical to two earlier applications by Mr Bar-Mordecai that had already been considered and refused, relied on the same documentary material, and sought to re-agitate the same NCAT subject matter; accordingly it was an abuse of process and vexatious within the meaning of the Vexatious Proceedings Act 2008 (NSW).

Jurisdiction: Australia
Judgment Date: 06 March 2018
Procedural Posture: Application by a Vexatious Litigant for Leave to Extend Time to Seek Leave to Appeal NCAT Orders / On the Papers
Outcome: Application dismissed.
Legal Topics: ['vexatious Proceedings' 'leave to Institute Proceedings' 'abuse of Process' 'ncat Appeal' 'extension of Time']

['procedure'] ['vexatious Proceedings' 'leave to Institute Proceedings' 'abuse of Process' 'ncat Appeal' 'extension of Time']

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Procedural Posture

Application by a Vexatious Litigant for Leave to Extend Time to Seek Leave to Appeal NCAT Orders / On the Papers

Legal Issues

1 ['Whether Michael Bar-Mordecai, as a vexatious litigant, should be granted leave in relation to a proposed appeal against NCAT orders made on 1 April 2015 and published on 2 July 2015.' 'Whether the application was vexatious or an abuse of process because it substantially replicated two earlier applications already refused by the Court.']

Ratio Decidendi

Court Disposition

Application dismissed.

Orders

['Pursuant to s 15(1)(b) of the Vexatious Proceedings Act 2008 (NSW) the summons filed on 30 January 2018 by Michael Bar-Mordecai is dismissed.']