Application by Bar-Mordecai re Vexatious Proceedings Act 2008 [2013] NSWSC 914

The application was refused as the draft statement of claim failed to comply with pleading requirements and was found to constitute a vexatious proceeding and an abuse of process, as it sought to re-litigate previously resolved matters.

Jurisdiction: Australia
Judgment Date: 09 July 2013
Procedural Posture: Application for Leave to Institute Proceedings / Summons Dismissed
Outcome: summons dismissed
Legal Topics: ['vexatious Proceedings' 'leave to Institute Proceedings' 'abuse of Process']

['practice and Procedure'] ['vexatious Proceedings' 'leave to Institute Proceedings' 'abuse of Process']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1

Procedural Posture

Application for Leave to Institute Proceedings / Summons Dismissed

Legal Issues

1 ['Whether leave should be granted for Mr Bar-Mordecai to institute proceedings given a prior vexatious proceedings order' 'Whether the proposed statement of claim constitutes a vexatious proceeding' 'Whether the relief sought is an abuse of process by attempting to re-litigate previously determined matters']

Ratio Decidendi

Court Disposition

summons dismissed

Orders

['Summons dismissed pursuant to section 15(1)(b) and/or section 15(1)(c) of the Vexatious Proceedings Act 2008']