Michael Bar-Mordecai v John Bryson; Michael Bar-Mordecai v Clifford Einstein; Michael Bar-Mordecai v Paul Stein & 2 ors; Michael Bar-Mordecai v Harvey Cooper & 3 ors. [2002] NSWSC 815

Michael Bar-Mordecai v John Bryson; Michael Bar-Mordecai v Clifford Einstein; Michael Bar-Mordecai v Paul Stein & 2 ors; Michael Bar-Mordecai v Harvey Cooper & 3 ors. [2002] NSWSC 815

The doctrine of judicial immunity applies fully to each of the judicial officers, including members of the Medical Tribunal where statutory immunity exists. Proceedings against Medical Tribunal members are an abuse of process as they constitute re-litigation of already determined issues. Statements of Claim disclose no reasonable cause of action and have a tendency to cause prejudice or embarrassment; therefore, they should be struck out and suits dismissed.

Parties
Plaintiff: Michael Bar-Mordecai; Defendant: John Bryson; Defendant: Clifford Einstein; Defendant: Paul Stein; Defendant: Charles Sheller; Defendant: Roger Giles; Defendant: Harvey Cooper; Defendant: John Woodforde; Defendant: John Richards; Defendant: Moira Brophy
Jurisdiction
Australia
Judgment Date
06 September 2002
Procedural Posture
Motion to Strike Out Statement of Claim / Judgment
Outcome
Statements of Claim struck out; suits dismissed; plaintiff to pay defendants' costs.
Legal Topics
Judicial Immunity, Abuse of Process, Strike Out Applications, Medical Tribunals
Civil Procedure Judicial Immunity Administrative Law Abuse of Process Strike Out Applications Medical Tribunals

Case Brief

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Parties

Michael Bar-Mordecai

Plaintiff

John Bryson

Defendant

Clifford Einstein

Defendant

Paul Stein

Defendant

Charles Sheller

Defendant

Roger Giles

Defendant

Harvey Cooper

Defendant

John Woodforde

Defendant

John Richards

Defendant

Moira Brophy

Defendant

Procedural Posture

Motion to Strike Out Statement of Claim / Judgment

Legal Issues

  1. 1 Whether judicial officers are immune from suit for actions performed in their judicial capacity
  2. 2 Whether proceedings against members of Medical Tribunal constitute an abuse of process
  3. 3 Whether the Statements of Claim disclose a reasonable cause of action

Ratio Decidendi

The doctrine of judicial immunity applies fully to each of the judicial officers, including members of the Medical Tribunal where statutory immunity exists. Proceedings against Medical Tribunal members are an abuse of process as they constitute re-litigation of already determined issues. Statements of Claim disclose no reasonable cause of action and have a tendency to cause prejudice or embarrassment; therefore, they should be struck out and suits dismissed.

Court Disposition

Statements of Claim struck out; suits dismissed; plaintiff to pay defendants' costs.

Orders

  • That the Statements of Claim in each proceeding be struck out and the suits dismissed.
  • That the plaintiff pays the defendants' costs in respect of each Notice of Motion.