Odtojan v Condon [2023] NSWCA 129

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Odtojan v Condon [2023] NSWCA 129 Hearing dates: 31 May 2023 Date of orders: 9 June 2023 Decision date: 09 June 2023 Before: Leeming and Kirk JJA at [1] Decision: (1) Extend time for seeking leave to appeal to 30 March 2023. (2) Application for leave to appeal dismissed with costs, such costs to be payable forthwith. (3) Each of Ms Marie Odtojan and Mr Artem Bryl to have 14 days from today to show cause why this Court's judgment and the papers in this Court should not be referred to the Legal Services Commissioner. 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 Legislation Cited: District Court Act 1973 (NSW), s 127(2)(a) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, rr 5 and 32 Uniform Civil Procedure Rules 2005, rr 2.1, 36.16(3B) Civil Procedure Act 2005 (NSW), s 58(2)(b)(vi) Crimes Act 1900 (NSW), s 317 Cases Cited: Antoun v The Queen (2006) 80 ALJR 497; [2006] HCA 2 Australian Building and Construction Commissioner v Parker (No 2) [2017] FCA 1082 Concrete Pty Ltd v Parramatta Design and Day v Perisher Blue Pty Ltd (No 2) [2005] NSWCA 125 Concrete Pty Ltd v Parramatta Design and Developments Pty Ltd (2006) 229 CLR 577; [2006] HCA 55 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Krakowski v Eurolynx Properties Ltd (1995) 183 CLR 563; [1995] HCA 68 Marie Odtojan v Credit Corp Services Pty Limited [2019] NSWDC 273 Minister Administering the Crown Lands Consolidation Act and Western Lands Act v Tweed Byron Local Aboriginal Land Council (1990) 71 LGRA 201 Muriniti v Kalil [2022] NSWCA 109 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 Saltoon v Lake [1978] 1 NSWLR 52 Simpson v Hodges [2007] NSWSC 1230 The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Category: Principal judgment Parties: Marie Odtojan (Applicant) Miles Condon (Respondent) Representation: Advocates: