Majak v Rose (No 6)

[2017] NSWCA 262

Court of Appeal

Supreme Court

New South Wales

• Amendment notes

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

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.

2. 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.

3. 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.

4. 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.

5. 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.

Evidence on the motion

6. The evidence on the motion comprised an affidavit affirmed by the applicant on 13 October 2017 and an affidavit of Mr Byrnes, solicitor, who appeared for the respondent, affirmed 16 October 2017.

7. In her affidavit the applicant states that her counsel of choice, Mr Hayes, is not available to appear on 27 October 2017. The applicant says that she will be severely disadvantaged if she is not able to secure Mr Hayes…