Application by Bar-Mordecai

1. [1]

   HER HONOUR: By summons filed in the Registry of this Court on 30 January 2018 Michael Bar-Mordecai seeks “leave to extend time to file the Summons for leave to file a Notice of Appeal to appeal the one page orders of Mullane ADCJ dated 1.4.2015 and the NCAT judgment published by the NCAT 2 July 2015”.

2. [2]

   Mr Bar-Mordecai requires the leave of this Court before any process commencing proceedings can be filed because he is a vexatious litigant: Attorney General v Bar-Mordecai [2005] NSWSC 142.

3. [3]

   The application relates to orders made on 1 April 2015 by the NSW Civil and Administrative Tribunal (“NCAT”) refusing an application by Mr Bar-Mordecai seeking his re-instatement as a Medical Practitioner: Bar-Mordecai v Medical Council of NSW (No 2) [2015] NSWCATOD 58.

4. [4]

   Applications in similar terms had been made twice previously by Mr Bar-Mordecai, and twice refused by this Court: Application by Bar-Mordecai [2016] NSWSC 1728; Application by Michael Bar-Mordecai [2017] NSWSC 706.

5. [5]

   The present application mirrors that made in 2017, which itself echoed that made in 2016.

6. [6]

   In support of it the applicant filed what appears to be the same material in four volumes as was filed in 2017. He relied upon the same submissions filed on 28 April 2017 (in support of the 2017 application) in support of the 2018 application. Some of the documents submitted by the applicant in January 2018 bear the Court’s filing stamp and a 2017 file number and date, albeit heavily scored through in ink. It is apparent that Mr Bar-Mordecai has simply substantially reproduced the earlier applications, and filed the material afresh.

7. [7]

   Mr Bar-Mordecai relies upon a fresh affidavit sworn by him on 20 November 2017 but, other than referring to recent correspondence he sent to the Attorney General of New South Wales, the Chief Justice of New South Wales, the Police Minister and the Police Commissioner of New South Wales (none of which contains anything of relevance to the NCAT decision), nothing new has been advanced.

8. [8]

   This third application is accompanied by additional submissions dated 8 December 2017, but the submissions, like Mr Bar-Mordecai’s affidavit, advance nothing new.

9. [9]

   Applications for leave by vexatious litigants are governed by the Vexatious Proceedings Act 2008 (NSW) ("the VP Act"). Section 14 is in these terms:

10. [10]

    Section 14(5)(b) refers to the dismissal of an application. The power to make such an order is governed by s 15, which provides:

11. [11]

    Proceedings will be vexatious for the purposes of s 15(1)(b) if the definition at s 6 of the VP Act is met. The section provides,

Determination

1. [12]

   Given that this Court has already considered and determined two earlier applications brought by Mr Bar-Mordecai, and refused them, I cannot but conclude that this third application represents an abuse of the Court’s process. The applications filed by him, on 17 October 2016 and on 28 April 2017, are materially identical to the present application, and seek the same orders. The documentary material relied upon, other than the affidavit and submissions earlier referred to, is the same. The summons seeks to re-agitate the subject matter of the earlier applications for review of the NCAT decisions.

2. [13]

   The application is an abuse of process, and vexatious. It should be dismissed.

3. [14]

   Pursuant to s 15(1)(b) of the Vexatious Proceedings Act 2008 (NSW) the summons filed on 30 January 2018 by Michael Bar-Mordecai is dismissed.