| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S ECI 2020 02844
| DESSCO PTY LTD AS TRUSTEE FOR THE DESSMANN FAMILY TRUST PTY LTD (ACN 072 755 590) trading as Vogue Signs | Appellant |
| v | |
| JOHN PATRICK DAVEY | Respondent |
S ECI 2020 02841
| MATTHEW POMEROY ELVIN | Appellant |
| v | |
| JOHN PATRICK DAVEY | Respondent |
S ECI 2020 02840
| RONALD DAVID SILVERSTEIN | Appellant |
| v | |
| JOHN PATRICK DAVEY | Respondent |
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JUDICIAL REGISTRAR: | Keith JR |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 12 August 2020 |
DATE OF JUDGMENT: | 20 October 2020 |
CASE MAY BE CITED AS: | Dessco Pty Ltd v Davey; Elvin v Davey; Silverstein v Davey |
MEDIUM NEUTRAL CITATION: | [2020] VSC 696 |
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COSTS - Appeal from Magistrates’ Court - Contravention of overarching obligations imposed by the Civil Procedure Act 2010 – Appellants appealing compensation orders awarded in favour of Respondent – Respondent awarded costs as legal practitioner, despite representing himself – Appellants seeks orders of Magistrates’ court be stayed until appeals determined - Respondent seeks appeals be dismissed - Whether compensation can be categorised as financial loss or loss stemming from a contravention of an overarching obligation – Issue of statutory interpretation. Whether respondent seeks compensation for financial loss or for legal costs – Whether Respondent should be compensated as a practitioner - Whether Costs Court have jurisdiction to determine issue - Court refuses to enter summary judgment in each proceeding - Notices of appeal do have real, and not fanciful, prospects of success - Application for summary judgment dismissed - Appellants submit court resources wasted if appeals prove successful - Stay generally not granted unless special or exceptional circumstances - Respondent has not yet obtained benefit of the Magistrates’ Court decision - Appropriate in circumstances for respondent to not enjoy benefit straight away – Not clear the respondent would suffer loss if stay granted - Stay granted.
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S ECI 2020 02844
APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr R Silverstein | |
| The Respondent in person |
S ECI 2020 02841
APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr A Muller | Aaron Potter |
| The Respondent in person |
S ECI 2020 02840
APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Ms L Hannon | Christien Corns |
| The Respondent in person |
JUDICIAL REGISTAR
These proceedings form a part of disputes the subject of several other decisions of the Court and the Court of Appeal, most recently on 10 September 2020.[1]
[1]The Queen on the application of Davey v Silverstein and Others [2020] VSCA 233; Davey v Dessco Pty Ltd [2018] VSC 720 (Daly AsJ); Davey v Dessco Pty Ltd [2017] VSC 743 (J Forrest J [contempt]) and Davey v Dessco Pty Ltd 2017] VSC 744 (J Forrest J [bankruptcy]); Davey v Silverstein [2019] VSC 302 (Daly AsJ) and The Queen on the application of Davey v Silverstein [2019] VSC 724 (Richards J).
These three proceedings pursuant to s 109 of the Magistrates’ Court Act 1989 are appeals from final orders made by Magistrate Radford on 5 June 2020. The three…
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- AGLC
- Dessco Pty Ltd v Davey; Elvin v Davey; Silverstein v Davey [2020] VSC 696
- Case
- [2020] VSC 696
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the compensation could be categorised as financial loss or loss stemming from a contravention of overarching obligations imposed by the Civil Procedure Act 2010. The court was also required to determine whether the respondent was entitled to be compensated as a legal practitioner, despite representing himself, and whether the Costs Court had jurisdiction to determine this issue. The court considered the issue of statutory interpretation and the meaning of compensation in the context of the overarching obligations.
The court held that the compensation could be categorised as loss stemming from a contravention of overarching obligations. The court also found that the respondent was not entitled to be compensated as a practitioner, despite representing himself. The court held that the Costs Court did not have jurisdiction to determine this issue. The court refused to enter summary judgment in each proceeding, finding that the notices of appeal had real, and not fanciful, prospects of success. However, the court granted a stay of the Magistrates’ Court’s orders pending the determination of the appeals. The court held that it was appropriate in the circumstances for the respondent to not enjoy the benefit of the Magistrates’ Court decision straight away, and it was not clear that the respondent would suffer loss if a stay was granted.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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