Novotny v Cropley

[2005] NSWCA 26

CITATION:	Novotny v. Cropley [2005] NSWCA 26
HEARING DATE(S):	9 February 2005
JUDGMENT DATE:	9 February 2005
JUDGMENT OF:	Handley JA at 1; Hodgson JA at 2; Santow J at 22
DECISION:	Summons dismissed.

CATCHWORDS:	CONTEMPT OF COURT - Tendency to interfere with course of justice - Allegation of pressure on unrepresented litigant - Allegation of causing unreasonable delay - Whether client responsible for solicitor's conduct.
CASES CITED:	Attorney-General's Reference (No.2 of 1999) [2000] QB 796. Bhagat v. Global Custodians Ltd. [2002] NSWCA 160 Forestview Nominees Pty. Ltd. v. Perron Investments Pty. Ltd. (1999) 160 ALR 482 Meridian Global Funds Management Asia Ltd. v. Securities Commission [1995] AC 500 Supply of Readymix Concrete No.2; Re [1995] AC 456
PARTIES:	Jiri Novotny - claimant Jennifer Eirian Cropley - opponent
FILE NUMBER(S):	CA 40773/04
COUNSEL:	Mr. Novotny appeared for himself
SOLICITORS:	McCabe Terrill, Sydney for opponent

LOWER COURT JURISDICTION: Local Court

CA 40773/04

HANDLEY JA
HODGSON JA
SANTOW JA

Wednesday 9 February 2005

NOVOTNY V. CROPLEY

Judgment

1 HANDLEY JA: I will ask Hodgson JA to give the first judgment.

2 HODGSON JA: The proceedings now before the Court were commenced by summons filed on 13 September 2004, in which the claimant Dr Novotny sought a declaration that the opponent Jennifer Cropley is guilty of contempt, and also sought some consequential relief. The contempt alleged was that the opponent attempted to pressurise improperly the claimant to settle legal proceedings by “inviting” the claimant to withdraw his appeal, and groundlessly referring to his case as “hopeless”.

3 The appeal in question is that in proceedings No.40638/04 in the Court of Appeal, in respect of which leave to appeal was granted on 10 September 2004, and which was heard on 9 December 2004. On that day judgment was given by Mason P, concurred in by myself and Santow JA, which inter alia set out the relevant history of that appeal.

4 One basis of the contempt charge is a letter dated 26 July 2004 sent by the opponent’s solicitors McCabe Terrill to the claimant, which was in the following terms:

COURT OF APPEAL No. 40368 OF 2004
JIRI NOVOTNY v JENNIFER EIRIAN CROPLEY.
We enclose by way of service, the Opponent’s Response filed in the Court of Appeal on 26 July 2004.

We refer to the hearing of the leave application in respect to this matter being listed for 10 September 2004.

It is our view that you have failed to demonstrate any error of law in the decision of either Dodd J in the District Court or O’Shane LCM in the Local Court. The grounds on which your Appeal is based are in our view hopeless, in that no error of law is evident nor has any denial of procedural fairness been proven, it is therefore our view that your Appeal should be dismissed with an order as to indemnity costs on the next occasion, noting that you will not be granted leave to appeal and the matter will not proceed to…