JASWANT KHERA v DANIELETTO [1993] NSWCA 153

JASWANT KHERA vy DANIELETTO SUPREME COURT OF NEW SOUTH WALES — CouRT OF APPEAL

MAHONEY JA, CLARKE JA and MEAGHER JA 22 November 1993

[1993] NSWCA 153

Mahoney JA. This is an application for leave to appeal against orders made by Hodgson J on 11 August 1993. The orders were made in the proceedings: Danieletto v Khera. They were a dispute between two solicitors. His Honour has outlined the circumstances in his judgment.

This Court is of the opinion that this is not an appropriate case for leave to appeal. Ordinarily the Court's practice is not to give reasons in circumstances of this kind. However, as Mr Khera is a solicitor and for other reasons, I shall very briefly, in summary form only, refer to some of the matters that have been dealt with before the Court.

The application came before the Court upon summons which was supported by a statement said to be under Part 51 Rule 3 and there were submissions filed by Mr Khera himself in support of the application. The Court is told that submissions were filed and served by the respondent this morning. The Court is not referred to those and has dealtwith the matter purely upon the material provided by Mr Khera. Mr Khera has appeared for himself.

The orders which had been made by Hodgson J and against which leave to appeal is sought are essentially interlocutory orders. They are orders in the main providing that Mr Khera pay amounts to some legal costs experts who are in the process of dealing with the incidents of the previous partnership, and that he pay to the receiver who has been appointed a number of amounts being, as I understand it from what has been said, amounts which the judge concluded had been received by Mr Khera in respect of costs or generally in relation to the previous partnership and which amounts should be paid to the receiver in accordance with the receivership order. As I have said, these are essentially interlocutory orders and the orders which have been made have apparently been based significantly upon findings which have been made by Hodgson J in the proceedings before him.