Ljupco Slaveski v Rotstein & Associates Pty Ltd Trading As Rotstein Commercial Lawyers

[2014] HCASL 27

LJUPCO SLAVESKI

v

ROTSTEIN & ASSOCIATES PTY LTD TRADING AS ROTSTEIN COMMERCIAL LAWYERS

[2014] HCASL 27
M146/2013

1. On 25 July 2011 the Magistrates Court of Victoria (Magistrate Lauristen) ordered the applicant to pay the respondent $117,516 for unpaid legal fees. On 29 August 2012, the applicant was served with a Bankruptcy Notice ("the notice"). The applicant applied to the Federal Circuit Court of Australia (Burchardt J) to have the notice set aside. On 22 May 2013, Burchardt J held that the orders of Magistrate Lauritsen were correct and that there was no basis for going behind the decision. His Honour also held that the applicant did not establish a counter-claim equal to or exceeding the amount of the judgment debt for the purposes of s 40(1)(g) of the Bankruptcy Act 1966 (Cth).

2. The applicant appealed to the Federal Court of Australia (Pagone J) and on 6 November 2013 sought an adjournment, which was refused.  Pagone J noted that the applicant had been made aware of the hearing date in July 2013 and again in August 2013.  His Honour also stressed the importance to the respondent of finality of litigation.  On 8 November 2013 His Honour dismissed the appeal on the bases that no substantive issues of law were raised, and that the applicant failed to point to any error of law in Burchardt J's decision.  

3. The applicant seeks special leave to appeal to this Court.  His draft notice of appeal and written case raise no issues of law nor advance any argument which would cast doubt on the correctness of the decision of the Federal Court.  The applicant's prospects of success do not warrant a grant of special leave to appeal.  Special leave should be refused.

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

S.M. Kiefel
6 March 2014 P.A. Keane