Marie Odtojan v Credit Corp Services Pty Limited [2019] NSWDC 273

District Court New South Wales

Medium Neutral Citation: Marie Odtojan v Credit Corp Services Pty Limited [2019] NSWDC 273 Hearing dates: 13 June 2019 Decision date: 20 June 2019 Jurisdiction: Civil Before: Mahony SC DCJ Decision: Notice of Motion dismissed with costs. For orders see [53]. Catchwords: Application under Pt 36 r 36.16 to set aside previous order made by the Court for security for costs. Legislation Cited: Uniform Civil Procedure Rule 2005 Cases Cited: Cohen v David [2018] NSWDC 214 De L v Director-General, New South Wales Department of Community Services (No. 2) (1997) 190 CLR 207 House v King [1936] 55 CLR 499 Marks-Isaacs v Fowler & Ors [2005] NSWCA 37 Preston v Harbour Pacific Underwriting Management Pty Limited [2007] NSWCA 247 Soulemezis v Dudley (Holdings) Pty Limited (1987) 10 NSWLR 247 Xenos v FAL [2017] NSWCA 240 Texts Cited: Dal Pont, "Law of Costs" Category: Procedural and other rulings Parties: Marie Odtojan (Applicant/Plaintiff) Credit Corp Services Pty Limited (Respondent/Defendant) Representation: Counsel: T Willis (Respondent/Defendant) Solicitors: In person (Applicant/Plaintiff) File Number(s): 19/51923 Publication restriction: Nil

Judgment ON NOTICE OF MOTION 1. By Notice of Motion filed on 29 May 2019, the applicant seeks the following relief: 1. Pursuant to rule 36.16(3A) of the Uniform Civil Procedure Rule 2005 ("UCPR") the following orders made by Judge W Strathdee on 15 May 2019 be set aside: 1. Pursuant to Rule 50.8(1) of the UCPR the plaintiff/respondent on the motion is to provide security for the defendant/applicant's (on the motion) costs by paying the sum of $5,000.00 by way of payment into court or bank guarantee from a licensed Australian trading bank within 28 days of today. 2. If the security referred to above is not provided within 28 days the plaintiff's Summons for Appeal filed 15 February 2019 will be dismissed pursuant to Rule 50.8(2)(a) of the UCPR. 3. I order that the respondent to the motion, plaintiff on the appeal, pay the applicant on the motion's costs as agreed or assessed. 1. Personal costs order and/or referral to The Law Society of NSW/NSW Bar Association: 1. Mr Florian Samuel Ammer (Partner of Piper Alderman); 2. Mr James Willis (Junior Barrister); and 3. Mr Hannah Veidre (Solicitor of Piper Alderman) 1. Costs. 2. Any other Order this Honourable Court deems fit. 1. The applicant relied on an affidavit sworn on 29 May 2019. That affidavit, together with its annexures, comprised 151 pages, much of which comprised material that was either argumentative or by way of submission. Counsel for the respondent, in order to expedite the hearing, did not object to the applicant, who is self-represented, relying on the affidavit, which included material relevant to the judgment of Judge Strathdee on 15 May 2019, which was the subject of the relief set out above, including the defendant's written submissions that were before her Honour on that occasion. 2. The parties also relied on the transcript of the hearing before Judge Strathdee on 15 May 2019.