Application by Bar-Mordecai re Vexatious Proceedings Act 2008 (NSW) [2011] NSWSC 1593

Application by Bar-Mordecai re Vexatious Proceedings Act 2008 (NSW) [2011] NSWSC 1593

The plaintiff's supporting affidavit substantially complied with s 14(3), but both proposed statements of claim sought to re-litigate concluded matters and made serious allegations of fraud, collusion and false evidence without any proper or substantial basis. The proposed proceedings would be an abuse of process, instituted without reasonable ground, and would cause detriment or harassment within s 6 of the Vexatious Proceedings Act 2008 (NSW). Because the proposed proceedings were vexatious and lacked reasonable grounds, the Court was required to dismiss the s 14 application and had no power under s 16(4) to grant leave.

Jurisdiction
Australia
Judgment Date
20 December 2011
Procedural Posture
Application for Leave to Institute Proceedings Where a Vexatious Proceedings Order Had Been Made in Respect of the Applicant / Summons Heard on the Papers in Chambers
Outcome
The Summons is dismissed.
Legal Topics
['vexatious Proceedings' 'leave to Institute Proceedings' 'abuse of Process' 'relitigation' 'prima Facie Grounds for Proceedings']
['practice and Procedure' 'civil Procedure'] ['vexatious Proceedings' 'leave to Institute Proceedings' 'abuse of Process' 'relitigation' 'prima Facie Grounds for Proceedings']

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Procedural Posture

Application for Leave to Institute Proceedings Where a Vexatious Proceedings Order Had Been Made in Respect of the Applicant / Summons Heard on the Papers in Chambers

Legal Issues

  1. 1 ["Whether the plaintiff's affidavit substantially complied with s 14(3) of the Vexatious Proceedings Act 2008 (NSW)." 'Whether the proposed proceedings against the Health Care Complaints Commission were vexatious proceedings or lacked any prima facie ground.' 'Whether the proposed proceedings against the Medical Council of New South Wales were vexatious proceedings or lacked any prima facie ground.' 'Whether leave could be granted to the plaintiff to institute either proposed proceeding.']

Ratio Decidendi

The plaintiff's supporting affidavit substantially complied with s 14(3), but both proposed statements of claim sought to re-litigate concluded matters and made serious allegations of fraud, collusion and false evidence without any proper or substantial basis. The proposed proceedings would be an abuse of process, instituted without reasonable ground, and would cause detriment or harassment within s 6 of the Vexatious Proceedings Act 2008 (NSW). Because the proposed proceedings were vexatious and lacked reasonable grounds, the Court was required to dismiss the s 14 application and had no power under s 16(4) to grant leave.

Court Disposition

The Summons is dismissed.

Orders

  • ["Dismiss the plaintiff's summons."]