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Attorney General in and for the State of NSW v Bar-Mordecai [2013] NSWSC 129 (27 February 2013)

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http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/129.html

PROCEDURE – notice of motion – leave sought under section 14 of the Vexatious Proceedings Act 2008 to bring proceedings in negligence – whether plaintiff entitled to press application for leave in relation to the proposed amended statement of claim – disputed expert reports – whether s 79 of the Evidence Act 2005 applies to the disputed reports – requirements of Rule 31.36 of the Uniform Civil Procedure Rules 2005 – whether the plaintiff has a prima facie case – no prima facie case established – whether plaintiff complied with s 14(3)(c) – obligation to disclose all material facts not complied with – whether plaintiff established that proceedings were not vexatious – not established – application for leave refused – orders – costs


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