Rozenblit v Vainer [2018] HCA 23

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, KEANE, GORDON AND EDELMAN JJ

BORIS ROZENBLIT APPELLANT

AND

MICHAEL VAINER & ANOR RESPONDENTS

Rozenblit v Vainer [2018] HCA 23 13 June 2018 M114/2017

ORDER

1. Appeal allowed.

2. Set aside orders 2 and 3 of the Court of Appeal of the Supreme Court of Victoria made on 17 March 2017 and in their place order that:

(a) the appeal be allowed with costs; and

(b) the orders of Cameron J made on 10 August 2016 be set aside and in their place it be ordered that:

(i) the appeal be allowed with costs; and

(ii) in respect of the orders of Lansdowne AsJ made on 22 December 2015:

(A) Orders 1, 6, 7 and 8 be set aside;

(B) Order 2 be amended to delete the words "On payment of these amounts" and to add, after "within 14 days", the words "of the date of the final orders of the High Court of Australia in Matter No M114 of 2017"; and

(C) it be ordered that the defendants pay the plaintiff's costs in relation to the defendants' summons filed 17 July 2015 on a standard basis.

3. The respondents pay the appellant's costs.

On appeal from the Supreme Court of Victoria

Representation

J G Korman for the appellant (instructed by the appellant)

R M Garratt QC with M G McNamara for the respondents (instructed by CIE Legal)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Rozenblit v Vainer

Practice and procedure – Victoria – Stay of proceeding – Where appellant commenced proceeding in Supreme Court of Victoria – Where appellant made applications for leave to file and serve amended statement of claim – Where applications refused with costs taxed immediately – Where costs unpaid because appellant impecunious – Where appellant made further application – Where leave to amend statement of claim granted but proceeding stayed under Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 63.03(3) until interlocutory costs orders paid – Whether primary judge erred in making order to stay proceedings.