Application by Bar-Mordecai [2013] NSWSC 1908
The application must be dismissed because the proceedings are vexatious and there is no prima facie ground for them; the length, multiplicity and repetitiveness of grounds, unexplained delay, and lack of any substantiated claim indicate abuse of process under the Vexatious Proceedings Act 2008.
- Parties
- Applicant: Michael Bar-Mordecai
- Jurisdiction
- Australia
- Judgment Date
- 17 December 2013
- Procedural Posture
- Application for Leave to Institute Proceedings Under Vexatious Proceedings Act 2008 / Determination of Leave Application in Chambers
- Outcome
- application dismissed
- Legal Topics
- Vexatious Litigant, Judicial Review, Leave to Institute Proceedings, Supervisory Jurisdiction, Delay in Proceedings
Case Brief
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Parties
Michael Bar-Mordecai
Applicant
Procedural Posture
Application for Leave to Institute Proceedings Under Vexatious Proceedings Act 2008 / Determination of Leave Application in Chambers
Legal Issues
- 1 Whether leave should be granted to institute proceedings given the previous vexatious proceedings order
- 2 Whether the proposed proceedings are vexatious
- 3 Whether there is a prima facie ground for the intended proceedings
Ratio Decidendi
The application must be dismissed because the proceedings are vexatious and there is no prima facie ground for them; the length, multiplicity and repetitiveness of grounds, unexplained delay, and lack of any substantiated claim indicate abuse of process under the Vexatious Proceedings Act 2008.
Court Disposition
application dismissed
Orders
- Application dismissed pursuant to s 15 of the Vexatious Proceedings Act 2008
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