Ljupco Slaveski v Rotstein & Associates Pty Ltd

[2013] HCASL 67

LJUPCO SLAVESKI

V

ROTSTEIN & ASSOCIATES PTY LTD

[2013] HCASL 67
M118/2012

1. The applicant was ordered to pay the respondent, his former solicitors, $100,000 in proceedings in the Magistrates Court of Victoria (Magistrate Lauritsen).  The applicant appealed to the Supreme Court of Victoria on grounds which included that Magistrate Lauritsen had denied the applicant a fair hearing, violated the applicant's human and legal rights and entertained bias against the applicant.  Daly AsJ summarily dismissed the appeal after listening to a recording of the whole of the proceedings before Magistrate Lauritsen.  Her Honour concluded that the applicant did not have an arguable case. 

2. The applicant appealed to a judge in the Practice Court.  On the first return of the appeal the applicant did not appear.  Kaye J dismissed the appeal with costs.  The applicant applied to set aside Kaye J's order.  The application came before Dixon J.  Again, the applicant did not appear.  Dixon J gave the applicant's wife leave to appear on his behalf.  Dixon J also listened to the recording of the Magistrates Court proceedings below.  His Honour agreed with Daly AsJ's assessment that the appeal had no prospects of success.  His Honour dismissed the application to set aside Kaye J's order. 

3. The Court of Appeal of the Supreme Court of Victoria (Warren CJ and Maxwell P) refused the applicant leave to appeal. 

4. The applicant applies for special leave to appeal on unparticularised grounds asserting, inter alia, breach of the hearing rule, denial of natural justice, disability discrimination, bias, conflict of interest and conspiracy.  Nothing in the discursive material filed in support of the application casts doubt on the correctness of the Court of Appeal's refusal of leave.

5. The application is dismissed.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. 

V.M. Bell
8 May 2013 S.J. Gageler