Krivoshev v Royal Society for the Prevention of Cruelty to Animals [2007] NSWSC 1479

New South Wales Supreme Court

CITATION : Krivoshev v Royal Society for the Prevention of Cruelty to Animals [2007] NSWSC 1479

HEARING DATE(S) : 14/12/07

JUDGMENT DATE : 18 December 2007

JUDGMENT OF : Bell J at 1

DECISION : 1. Refuse leave to appeal pursuant to s 385 of the Legal Profession Act 2004; 2. Dismiss the amended summons; 3. The plaintiffs are to pay the defendants' costs

CATCHWORDS : APPEAL - Review Panel - determination of costs

LEGISLATION CITED : Legal Profession Act 2004

Chapmans Ltd v Yandell [1999] NSWCA 361 CASES CITED : Dyktynski v BHP Titanium Minerals Pty Ltd (2004) 60 NSWLR 203 Muriniti v Lyons [2004] NSWSC 235 Ryan v Hansen [2000] NSWSC 354; 49 NSWLR 184

Michael Krivoshev (1st Plaintiff) PARTIES : Kerry-Ann Donnelly (2nd Plaintiff) Royal Society for the Prevention of Cruelty to Animals (Defendant)

FILE NUMBER(S) : SC 11757/07

COUNSEL : In person (1st Plaintiff) S Todd (Defendant)

SOLICITORS : In person (Plaintiff) Ebsworth & Ebsworth (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

18 December 2007

11757/07 Michael Krivoshev v Royal Society for the Prevention of Cruelty to Animals

JUDGMENT 1 BELL J: The plaintiffs, Michael Krivoshev and Kerry-Ann Donnelly, appeal against the decision of a review panel on a matter of law under s 384(1) of the Legal Profession Act 2004 (the Act) and seek leave to appeal against the determination made by the panel made under s 385 of the Act. 2 The proceedings were commenced by summons that was filed on 5 April 2007. An amended summons was filed on 2 May 2007. 3 The plaintiffs' amended summons was struck out as the result of a self-executing order made by the Registrar, which took effect on 20 July 2007. Thereafter the plaintiffs moved for a review of the Registrar's order. The motion for a review was listed for hearing on 5 December 2007 on the understanding that if the plaintiffs were successful in having the order set aside, the Court would proceed to determine the claims for relief in the amended summons. 4 On 5 December there was no appearance on behalf of Ms Donnelly. Mr Krivoshev appeared in person. 5 I set aside the order made by the Registrar striking out the amended summons. Mr Krivoshev informed the Court that he was not in a position to proceed with the hearing of the appeal and that he intended to adduce evidence in addition to that contained in his affidavit of 1 June 2007, which had been filed. The defendants filed an affidavit sworn by Maureen Norberry, which was sworn on 30 November 2007.