Majak v Rose (No 6) [2017] NSWCA 262

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Majak v Rose (No 6) [2017] NSWCA 262 Hearing dates: 16 October 2017 Date of orders: 16 October 2017 Decision date: 16 October 2017 Before: Payne JA Decision: The applicant's notice of motion dated 13 October 2017 is dismissed. Catchwords: CIVIL PROCEDURE – application for hearing date to be vacated Cases Cited: Majak v Rose (No 2) [2016] NSWCA 337 Majak v Rose (No 3) [2017] NSWCA 104 Majak v Rose (No 4) [2017] NSWCA 170 Majak v Rose (No 5) [2017] NSWCA 238 Majak v Rose [2016] NSWCA 278 R v Macdonald; R v Maitland (No 1) [2016] NSWSC 1940 Reliance Financial Services NSW Pty Ltd v Francesco Criniti & Ors [2008] NSWSC 1397 Category: Principal judgment Parties: Zofia Majak (Applicant) Alan Rose (Respondent) Representation: Solicitors: In Person (Applicant) R Byrnes (Respondent) File Number(s): 2017/00235558-1

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Judgment – EX TEMPORE 1. PAYNE JA: By summons filed 2 August 2017, the applicant, Ms Zofia Majak, seeks to review: 1. the decision of Buscombe DCJ made on 5 July 2017 dismissing the applicant's appeal from the Local Court making an Apprehended Personal Violence Order against her; 2. the decision of Buscombe DCJ made on 4 July 2017 dismissing a notice of motion seeking leave to commence a private prosecution against the respondent; 3. the decision of Buscombe DCJ made on 4 August 2017 awarding costs in relation to the appeal proceedings; and 4. the decision of White JA made on 12 July 2017 referring the proceedings to the Registrar with a view to setting a hearing date for the balance of the notice of motion there under consideration. 1. On 14 August 2017, the applicant appeared before the Registrar of the Court seeking a hearing date for her review application concerning the orders made in the District Court (matters 1(1)-(3) above). The matter was set down for hearing on 27 October 2017. 2. At that time the applicant was self-represented in these proceedings, although she had secured representation from a Mr Hayes of the Victorian Bar in relation to Family Court proceedings involving the respondent no later than July 2017. 3. On 6 September 2017, the applicant amended the summons to include a challenge to the decision of White JA identified in paragraph 1(4) above. 4. By notice of motion filed 13 October 2017, the applicant seeks an order vacating the hearing date fixed for this matter. An order is sought that the hearing be adjourned to a later, unspecified, date. This matter came before me today in the referrals list.