NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Odtojan v Ford [2023] NSWCA 277 Hearing dates: 11 October 2023 Decision date: 21 November 2023 Before: White JA at [1]; Basten AJA at [24] Decision: (1) Summons for leave to appeal dismissed with costs. (2) Within 14 days Ms Odtojan and Mr Bryl show cause why this judgment and the papers in this Court not be referred to the Legal Services Commissioner. Catchwords: APPEALS – Leave to appeal – Leave to appeal from interlocutory decision striking out applicant's Amended Statement of Claim with limited liberty to replead – Where Amended Statement of Claim asserted fraud and conspiracy on part of respondent – Where no basis for allegations of fraud and conspiracy – Leave to appeal refused Legislation Cited: Limitation Act 1969 (NSW) Cases Cited: Odtojan v Glynn [2023] NSWCA 276 Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Category: Principal judgment Parties: Marie Jossane Odtojan (Applicant) Nicholas George Ford (Respondent) Representation: Counsel: Applicant appeared in person with Mr A Bryl Mr Lloyd (Respondent)
Solicitors: Applicant in person with Mr A Bryl Colin Biggers Paisley (Respondent) File Number(s): 2023/131242 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Date of Decision: 28 March 2023 Before: Norton SC DCJ File Number(s): 2022/273977
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