Bechara v Pogorzelska [2015] NSWCA 374

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bechara v Pogorzelska [2015] NSWCA 374 Hearing dates: 25 November 2015 Decision date: 25 November 2015 Before: Basten JA at [9]; Bergin CJ in Eq at [1] Decision: (1) Refuse the applicant's application for adjournment of the hearing.

(2) Dismiss the summons filed on 24 September 2015 seeking leave to appeal against various interlocutory orders made in the Equity Division.

(3) Dismiss the applicant's notice of motion dated 24 September 2015.

(4) Order that the applicant pay the costs of the first and third respondents and the second respondent to be assessed on an indemnity basis Catchwords: APPEAL – application for leave to appeal from a number of interlocutory orders made against solicitor – non-attendance by applicant at hearing – proceedings dismissed

COSTS – where applicant sought adjournment of hearing of application for leave to appeal on the day of hearing – proceedings dismissed – whether indemnity costs should be awarded Category: Procedural and other rulings Parties: Maria Bechara t/as Bechara and Company (Applicant) Nina Pogorzelska (First Respondent) Anne Kazas-Rogaris (Second Respondent) AAP Investments (Aust) Pty Ltd (Third Respondent) Representation: Counsel: Mr D Allen (Applicant) Mr J E Armfield (First and Third Respondents) Mr S Laface (Second Respondent)

Solicitors: Bechara and Company Lawyers (Applicant) Lane & O'Rourke (First and Third Respondents) AJL Legal (Second Respondent) File Number(s): 2015/279387 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Division Date of Decision: 30 April 2015; 26 June 2015; 11 August 2015; 17 September 2015; 18 September 2015 Before: Lindsay J File Number(s): 2014/52447