Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Odtojan v Glynn t/as Glynns Lawyers; Odtojan v Ford (No 2) [2024] NSWCA 25 Hearing dates: On the papers Decision date: 14 February 2024 Before: White JA; Basten AJA Decision: Registrar of the Court is directed to refer the judgments in Odtojan v Glynn and Odtojan v Ford and the papers in these proceedings, including the email of Tuesday 5 December 2023 11:56pm, to the Office of the Legal Services Commissioner. Catchwords: PROFESSIONS – Legal Practitioners – misconduct and discipline – legal practitioners directed to show cause why judgments and papers should not be referred to Legal Services Commissioner – no submissions provided by legal practitioners – judgments and papers referred to Legal Services Commissioner Cases Cited: Odtojan v Condon (No 2) [2023] NSWCA 149 Odtojan v Condon [2023] NSWCA 129 Odtojan v Ford [2023] NSWCA 277 Odtojan v Glynn t/as Glynns Lawyers [2023] NSWCA 276 Category: Consequential orders Parties: Marie Jossane Odtojan (Applicant) Thomas Patrick Glynn t/as Glynn's Lawyers (Respondent) Representation: Counsel: Applicant appeared in person with Mr A Bryl Ms A Horvath SC with Ms M Hall (Respondent) Solicitors: Applicant in person with Mr A Bryl Moray & Agnew Lawyers (Respondent) File Number(s): 2023/131229; 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 [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Judgment 1. THE COURT: On 21 November 2023 we dismissed with costs Ms Odtojan's summons for leave to appeal from orders of the District Court of New South Wales, striking out Ms Odtojan's statement of claim with only limited leave to replead. We concluded that there was no proper basis for Ms Odtojan and Mr Bryl to maintain allegations of fraud and collusion against Mr Ford and Mr Glynn (Odtojan v Glynn t/as Glynns Lawyers [2023] NSWCA 276; Odtojan v Ford [2023] NSWCA 277). 2. In Odtojan v Condon [2023] NSWCA 129, similar allegations were made by Ms Odtojan and Mr Bryl about the conduct of Mr Condon. In Odtojan v Condon (No 2) [2023] NSWCA 149, this Court referred the papers in those proceedings to the Legal Services Commissioner. 3. On 21 November 2023 we ordered that, within 14 days, Ms Odjotan and Mr Bryl show cause why the judgments in Odtojan v Glynn and Odtojan v Ford, and the papers in this Court, should not be referred to the Legal Services Commissioner. At the request of Ms Odtojan and Mr Bryl, on 6 December 2023, we extended the time for provision of such admissions to 12 December 2023. 4. No submissions addressing that issue have been provided by Ms Odtojan or Mr Bryl. They provided a lengthy and inappropriate email questioning the reasons of 21 November 2023 but no submissions as to why the judgments and the papers in this Court should not be referred to the Legal Services Commissioner. 5. The reasons of Leeming and Kirk JJA in Odtojan v Condon (No 2) apply equally to these proceedings. 6. We direct the Registrar of the Court to refer the judgments in Odtojan v Glynn and Odtojan v Ford and the papers in these proceedings, including the email of Tuesday 5 December 2023 11:56pm, to the Office of the Legal Services Commissioner. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 14 February 2024