Odtojan v Condon (No 2)

Case [2023] NSWCA 149


Court of Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Odtojan v Condon (No 2) [2023] NSWCA 149
Hearing dates: On the papers
Decision date: 03 July 2023
Before: Leeming and Kirk JJA at [1]
Decision:

The Registrar of this Court be directed to refer the papers in this proceeding to the Office of the Legal Services Commissioner.

Catchwords:

PROFESSIONS – legal practitioners directed to show cause why the papers should not be referred – submissions and affidavit supplied to Court confirmed appropriateness of referral

Legislation Cited:

Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015, rr 5, 32

Cases Cited:

Odtojan v Condon [2023] NSWCA 129

Category:Consequential orders
Parties: Marie Odtojan (Applicant)
Miles Condon (Respondent)
Representation:

Advocates:

Artem Bryl and Marie Odtojan (self-represented)
File Number(s): 2023/103644
Publication restriction: N/A
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Civil
Date of Decision:
16 February 2023
Before:
Norton DCJ
File Number(s):
2022/00273980

JUDGMENT

  1. THE COURT: On 9 June 2023 the Court dismissed Ms Odtojan’s application for leave to appeal from orders of the District Court which struck out her pleading whilst granting her leave to replead: Odtojan v Condon [2023] NSWCA 129. The amended statement of claim had alleged a conspiracy to pervert the course of justice on the part of the respondent, a senior counsel. The Court also made this order:

(3) Each of Ms Marie Odtojan and Mr Artem Bryl to have 14 days from today to show cause why this Court’s judgment and the papers in this Court should not be referred to the Legal Services Commissioner.

  1. Ms Marie Odtojan was the plaintiff in the District Court and the applicant for leave to appeal. Mr Artem Bryl is her husband. Both are legal practitioners. Ms Odtojan appeared for herself in the District Court, and signed the written submissions in this Court in support of her application for leave. Mr Bryl conducted the oral submissions in this Court, and confirmed that he accepted responsibility for the written submissions.

  2. Paragraphs 80-85 of the Court’s earlier judgment explained the basis for order 3:

The appropriate way for this Court to proceed

80 What emerges from the above is that either or both of Ms Odtojan and Mr Bryl have:

(1) accused the solicitor and junior counsel who acted for Ms Odtojan at the Local Court trial of a conspiracy with the opposing party and legal team to pervert the course of justice;

(2) accused senior counsel who advised on appeal prospects of participation in a further conspiracy and of acting fraudulently;

(3) submitted that a District Court judge who made a procedural order for a small amount of security for costs was biased and had acted in bad faith, which allegations were found to be unsubstantiated;

(4) accused the District Court judge who struck out a pleading whilst granting leave to replead of actual and apprehended bias, even though the pleading was concededly defective;

(5) accused those involved in the preparation of the…

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Odtojan v Condon (No 2) [2023] NSWCA 149
Case
[2023] NSWCA 149
Decision Date

CaseChat Overview and Summary

In *Odtojan v Condon (No 2)*, the Court of Appeal of New South Wales considered whether to refer the conduct of legal practitioners to the Office of the Legal Services Commissioner. The proceedings involved submissions and an affidavit that had been supplied to the Court, which the Court found confirmed the appropriateness of such a referral.

The central legal issue before the Court was whether the conduct of the legal practitioners warranted a referral to the Legal Services Commissioner for investigation. This required the Court to assess the material before it to determine if there was a prima facie case of professional misconduct or unsatisfactory professional conduct.

The Court's reasoning, as indicated by the catchwords, was that the submissions and affidavit provided by the parties sufficiently demonstrated that a referral was appropriate. The Court applied the principle that where there is evidence suggesting a breach of professional obligations by legal practitioners, it has a duty to ensure that such matters are properly investigated by the relevant regulatory body. Consequently, the Registrar of the Court was directed to refer the papers in the proceeding to the Office of the Legal Services Commissioner.

Orders

Orders of the court

The Registrar of this Court be directed to refer the papers in this proceeding to the Office of the Legal Services Commissioner.

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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