WORLD WINGS PROPERTY INVESTMENT CO PTY LTD v STEVENSON and Anor [1993] NSWCA 294

WORLD WINGS PROPERTY INVESTMENT CO PTY LID v STEVENSON and Anor

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL MEAGHER, HANDLEY and POWELL JJA 19 October 1993, 19 October 1993

[1993] NSWCA 294

FACTS: The major shareholder/director of the appellant company sought leave to represent the company without counsel in two matter, one concerning the Dividing Fences Act, the other negligence, nuisance and breach of statutory duty, arising from excavation work carried out on the neighbouring property. The appeal includes as a ground a costs order against the successful plaintiff, in light of the substantial failure that the award of $5,000 represented.

HELD:(per curiam) (1) (by majority) A company must be represented by a barrister or a solicitor: Ptl1 R3 of the New South Wales Supreme Court Rules, and Bay Marine Pty Ltd v Clayton Country Properties Pty Ltd (1987) 5 ACLR 38.

(2) (per Handley JA) The court can, at its discretion, give leave to a major shareholder/director to outline the nature of its arguments. Here the appeal in the Dividing Fences Act matter is without merit, as is the appeal on the excavation matter. The costs order against the successful plaintiff is authorised by the District Court Act - Might v Clifton [1971] Ch 700.

(3) (obiter) An appeal against a decision of the Supreme Court made under s104 of the Justices Act to the Court of Appeal exists not as of right, but by leave of the court.

ORDERS: (1) Notice of Motion seeking leave for Mr Valassis to appear dismissed with costs.

Meagher JA The court today has before it two appeals: one is World Wings Property Investment Co Pty Ltd against Mr Michael and Mrs Merica Bucknell, the other is World Wings Property Investment Co Pty Ltd against J Stevenson and Ors.

In the former case Mr Burchett of counsel represents Mr and Mrs Bucknell. In the latter case Mr Burchett also represents Mr and Mrs Bucknell there being no appearance for Miss J Stevenson. However, there is no person with the right to appear who represents the appellant in either case. The appellant is a company most of whose shares are owned by a Mr Dennis Valassis who is also a director of the company. Mr Valassis in each appeal has put on a notice of motion dated 25 February 1992 seeking the court's leave to permit him to appeal on behalf of the appellant company.