Majak v Rose & Ors [2022] NSWSC 1697

Supreme Court New South Wales

Medium Neutral Citation: Majak v Rose & Ors [2022] NSWSC 1697 Hearing dates: 26, 27, 28 April 2022 Written submissions (first and second defendants) 13 May 2022 Written submissions (third defendant) 27 May 2022 Written submissions (plaintiff) 28 June 2022 Date of orders: 16 December 2022 Decision date: 16 December 2022 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings are dismissed. (2) The plaintiff is to pay the costs of each of the first, second and third defendants, as agreed or assessed. (3) I direct the solicitor for the first defendant to provide a copy of this judgment to the plaintiff's Trustee in Bankruptcy within 7 days. Catchwords: TORTS – Causes of action pleaded in conspiracy, fraud and collateral abuse of process – Where the plaintiff and the first defendant were previously in a relationship – Where the first defendant brought proceedings in the Local Court for an Apprehended Domestic Violence Order against the plaintiff – Where the protected persons were identified as the first defendant and the second defendant – Where the third defendant was a solicitor who acted for the first defendant in those proceedings – Where plaintiff failed to establish that the proceedings had been brought by the first defendant for an improper purpose or that they had been impermissibly used in some way – Proceedings dismissed Legislation Cited: Bankruptcy Act 1966 (Cth) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Cases Cited: Blair v Curran (1939) 62 CLR 464; [1939] HCA 23 Burton v Office of the Director of Public Prosecutions (2019) 100 NSWLR 734; [2019] NSWCA 245 Majak v Rose [2019] Fam CA 1013 Maxwell-Smith v S and E Hall Pty Ltd and anor. (2014) 86 NSWLR 481; [2014] NSWCA 146 Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34 Category: Principal judgment Parties: Zofia Bozena Majak – Plaintiff Alan Wesley Rose – First Defendant Shelia Jasmin Rebeiro – Second Defendant Marc Riviere – Third Defendant Representation: Counsel: Self-represented – Plaintiff J Loofs SC and M Klooster – First and Second Defendants I Griscti – Third Defendant