Application of Michael Bar-Mordecai [2013] NSWSC 1251

Leave to commence proceedings is refused because the proposed cause of action does not constitute assault, there is no legal basis for State vicarious liability, and proceedings would be vexatious.

Parties: Applicant: Michael Bar-Mordecai; Proposed Defendant: State of NSW
Jurisdiction: Australia
Judgment Date: 05 September 2013
Procedural Posture: Application for Leave to Commence Proceedings / Dismissal of Application
Outcome: application dismissed
Legal Topics: Vexatious Proceedings, Application for Leave, Prima Facie Grounds, Harassment

Procedure Vexatious Proceedings Application for Leave Prima Facie Grounds Harassment

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Parties

Michael Bar-Mordecai

Applicant

State of NSW

Proposed Defendant

Procedural Posture

Application for Leave to Commence Proceedings / Dismissal of Application

Legal Issues

1 Whether leave should be granted to commence proceedings under the Vexatious Proceedings Act 2008
2 Whether the proposed proceedings are vexatious or lack prima facie grounds

Ratio Decidendi

Leave to commence proceedings is refused because the proposed cause of action does not constitute assault, there is no legal basis for State vicarious liability, and proceedings would be vexatious.

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 filed 23 July 2013, is dismissed.