Recent Cases

Odtojan v Condon [2023] NSWCA 129 (09 June 2023) (Leeming and Kirk JJA)


Catchwords:


COURTS AND JUDGES — Bias — Apprehended bias — Actual bias — Primary judge raised many queries and concerns in the course of applicant’s oral address — Concerns about the pleading entirely reasonable — Did not prevent the applicant from properly presenting her case — Interventions did not exceed permissible bounds

CIVIL PROCEDURE — Fair hearing — Whether breach of procedural fairness in the making of the orders — Concession that amended statement of claim needed to be reformulated — Indicative orders raised with the parties — No breach of procedural fairness in the making of the orders — Reasons were not given where applicant agreed in oral submissions that she did not require reasons — Applicant gave up entitlement to reasons at the hearing

CIVIL PROCEDURE — Order below that applicant serve supporting affidavits and documents when serving draft further amended statement of claim — Whether orders made were ultra vires — Such orders fall within the power granted in UCPR r 2.1

CIVIL PROCEDURE — Pleadings — Fraud and conspiracy — Need for proper basis and articulation of any such allegations — Pleading was concededly and palpably defective

OCCUPATIONS — Legal practitioners — Applicant and solicitor acting as McKenzie friend have repeatedly accused range of persons, including legal representatives of respondent, of misconduct — No reasonable basis apparent for allegations — Solicitor acting for themselves or as a McKenzie friend bound by the Solicitors’ Conduct Rules — Possible breach of rr 5 and 32 of the Solicitors’ Conduct Rules — Opportunity to show cause why this Court should not refer this judgment and the papers in this application to the Legal Services Commissioner