Legislate against judicial officers lacking impartiality adjudicating litigations

Latham J of the Supreme Court of NSW clearly lacked impartiality when Honour breached the principles of judicial accountability by ordered that a litigant in person be removed from her Duty Judge Court, and not be allowed to exercise his entitlement to make an application to the duty judge. Michael Bar-Mordecai (MBM) had never had Latham J as an adjudicator previously. On two occasions Her Honour ordered the Sherriff’s officers of the Supreme Court to remove MBM from her Court where she was sitting as a duty judge of the Common Law Division of the Supreme Court. It can be inferred by an impartial observer that Latham J was afraid of adjudicating MBM's matters. On 24 November, 2010, Latham J had Michael Bar-Mordecai removed from her Court, by making an inappropriate order from Chambers, and remitting those orders to the Sherriff’s Office, to have MBM removed from a Court in the Law Courts building at 184 Phillip Street, Sydney NSW 2000 where he was had intended to make an application to Latham J as the Duty Judge on that date, pursuant to the Vexatious Proceedings Act 2008. Latham J chose not to administrate justice in an open Court, but in breach of the Principles of Judicial Accountability made her order in chambers for the Sheriff's officers to remove MBM from her Court. The Order was never subsequently published, and there were no reasons for judgment to explain the order made. No appeal was mounted by MBM by way of challenge to Her Honour’s orders, as no judgment ever issued either as an ex tempore or reserved judgment. On 26 November, 2010, Latham J again had MBM removed from her Court in similar circumstances, by making an inappropriate order from Chambers on the Sherriff’s Office, to have MBM removed from a Court.

Numerous other judicial officers have lacked impartiality when adjudicating MBM's litigations, namely:

• Justice Clifford Roy Einstein who knew MBM socially in 1964/1965, prior to adjudicating Bar-Mordecai v Rotman and Hillston matter no. 120009/94 for 25 days in 1998 in probate. As an adjudicator who lacked impartiality, the corrupt judicial officer systematically perverted the course of justice by contriving findings and orders to cause MBM property losses of $10,000,000;

The Probate Court of Appeal on 16.5.2000 conspired with Einstein J to refuse to overturn the perverted findings and orders of the trial judge. Some of the findings of Einstein J were overturned in the Equity Court of Appeal on 17.3.2004.

• John Purdy Bryson who was sued for perversion of the course of justice in Bar-Mordecai v John Purdy Bryson matter no. 20205/2002 prior to adjudicating Bar-Mordecai v Hillston matter no. 1707/99 and Hillston v Bar-Mordecai matter no. 3420/98 for 47 days in Equity also lacked impartiality as he had been a litigant against MBM. For several months prior to the 47 day hearing in Equity  MBM made several applications to the Court and requested Bryson J to recluse himself as adjudicator. Bryson J the next working day after Bar-Mordecai v Bryson  perverted the course of justice by conducting a hearing for 47 days in Equity at which time he assaulted MBM and Mr Elias Mordecai from the bench. Bryson J, the corrupt judicial officer systematically perverted the course of justice by contriving findings and orders to cause MBM property losses of $10,000,000; Some of the non-financial findings over overturned in the Equity Court of Appeal.  

• Fullerton J having been Bar-Mordecai’s neighbour from 1988 to 2001 adjudicated from chambers in 2013 a leave application in Bar-Mordecai ex parte wherein Her Honour’s findings were contrived and overturned by Garling J within two months;

• Reginald Blanch CJ having breached s 48 of the Medical Practice Act 1992 on 2.9.1998 by authorising a HCCC disciplinary proceedings against MBM two years out of time, without reason or justification. In November 2007, Blanch CJ assaulted MBM from the bench. Blanch CJ lacked judicial impartiality when he adjudicated a Re: Bar-Mordecai in 2012 even though His Honour was alerted by MBM that His Honour lacked the necessary impartial judicial mind.

We petition the Speaker of the Parliament of the State of NSW to investigate judicial abuses, such as a lack of impartiality and judicial assaults of litigants and legislate to have a formal investigation of a judicial officer whose conduct is not in keeping with the proper administration of justice and contrary to the judicial oath of office, such conduct of:

1. A lack of impartiality;

2. Judicial assault of a litigant party;

3. The judicial member breaching the Principles of Judicial Accountability;

Remove from office a judicial officer who knowingly lacked impartiality, assaulted a litigant and/or breached his/her oath of office.

Legislate to set aside judgments procured by a judicial breach of impartiality over 20 years retrospectively from the date of publication of the judgment.

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