BAR-MORDECAI v. HILLSTON [2003] NSWSC 1269

BAR-MORDECAI v. HILLSTON [2003] NSWSC 1269

Leave to prosecute was refused and the proceedings were summarily dismissed because the alleged charges were not expressed in any recognisable or usable form, did not identify sufficiently when, where, or in what proceedings perjury was committed, relied on material already adjudicated rather than objective further...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 June 2003
Procedural Posture
Application for Leave to Prosecute for Perjury Under Crimes Act Subs. 338(1)(c) / Summary Disposal
Outcome
Proceedings dismissed with costs.
Legal Topics
['perjury' 'leave to Prosecute' 'summary Dismissal' 'vexatious Proceedings' 'apprehended Bias']
['criminal Law'] ['perjury' 'leave to Prosecute' 'summary Dismissal' 'vexatious Proceedings' 'apprehended Bias']

Source-derived case record

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Procedural Posture

Application for Leave to Prosecute for Perjury Under Crimes Act Subs. 338(1)(c) / Summary Disposal

Legal Issues

  1. 1 ['Whether the Court should grant leave under Crimes Act Subs. 338(1)(c) to prosecute Mr Alexander Hillston for perjury.' 'Whether Bryson J should disqualify himself for actual bias or apprehended bias.' 'Whether the proceedings should be summarily dismissed as vexatious.']

Ratio Decidendi

Leave to prosecute was refused and the proceedings were summarily dismissed because the alleged charges were not expressed in any recognisable or usable form, did not identify sufficiently when, where, or in what proceedings perjury was committed, relied on material already adjudicated rather than objective further material showing falsity, and amounted to a vexatious attempt to relitigate factual findings while related appeal proceedings were being pursued.

Court Disposition

Proceedings dismissed with costs.

Orders

  • ['The proceedings be dismissed with costs.' 'The appointment for hearing in October is vacated.']