Kwon v O'Neil [2002] NSWCA 116

New South Wales Court of Appeal

CITATION : Kwon v O'Neil [2002] NSWCA 116 FILE NUMBER(S) : CA 40667/01 HEARING DATE(S) : 12 April 2002 JUDGMENT DATE : 12 April 2002

PARTIES : Ki Bun Kwon (Claimant) Peter O'Neil (Opponent) JUDGMENT OF : Sheller JA at 1, 21, 24; Stein JA at 22; Heydon JA at 2

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : LOWER COURT Registrar Irwin JUDICIAL OFFICER :

COUNSEL : Claimant in person Mr P Lever-Naylor (Opponent) SOLICITORS : Claimant in person Peter O'Neil (Opponent) CATCHWORDS : Procedure - proceedings in District Court seeking recovery of money - interlocutory orders striking out proceedings - claimant failing to appear - claimant filing Notice of Appeal - Registrar holding notice incompetent - whether appeal from decision of Registrar validly brought by commencement of separate proceedings - such procedure inappropriate - ND DECISION : Notice of Motion dismissed

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40667/01

SHELLER JA STEIN JA HEYDON JA

12 April 2002

KWON v O'NEIL Judgment

1 SHELLER JA: We are in a position to deal with this application now and I will ask Heydon JA to give the first judgment. 2 HEYDON JA: By notice of motion filed on 1 November 2001, the claimant seeks to review a decision of Registrar Irwin made on 29 October 2001. 3 The background, as far as it can be gleaned from the files, is that the claimant commenced District Court proceedings seeking recovery of money. Interlocutory orders were made striking out those proceedings, and costs orders were also made. 4 On 13 November 1998 Downs DCJ, QC, made an order in those proceedings. He said "The plaintiff's notice of motion is dismissed and I order that the plaintiff pay the costs of this motion. I further order that as a condition precedent to any further motions being filed that all of the costs orders against her in these prior proceedings be paid by her."