Odtojan v Ford

[2023] NSWCA 277

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Odtojan v Ford [2023] NSWCA 277

Hearing dates:

11 October 2023

Decision date:

21 November 2023

Before:

White JA at [1];
Basten AJA at [24]

Decision:

(1) Summons for leave to appeal dismissed with costs.

(2) Within 14 days Ms Odtojan and Mr Bryl show cause why this judgment and the papers in this Court not be referred to the Legal Services Commissioner.

Catchwords:

APPEALS – Leave to appeal – Leave to appeal from interlocutory decision striking out applicant’s Amended Statement of Claim with limited liberty to replead – Where Amended Statement of Claim asserted fraud and conspiracy on part of respondent – Where no basis for allegations of fraud and conspiracy – Leave to appeal refused

Legislation Cited:

Limitation Act 1969 (NSW)

Cases Cited:

Odtojan v Glynn [2023] NSWCA 276

Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98

Wentworth v Rogers (No 5) (1986) 6 NSWLR 534

Category:

Principal judgment

Parties:

Marie Jossane Odtojan (Applicant)
Nicholas George Ford (Respondent)

Representation:

Counsel:
Applicant appeared in person with Mr A Bryl
Mr Lloyd (Respondent)

Solicitors:
Applicant in person with Mr A Bryl
Colin Biggers Paisley (Respondent)

File Number(s):

2023/131242

 Decision under appeal 

Court or tribunal:

District Court of New South Wales

Jurisdiction:

Civil

Date of Decision:

28 March 2023

Before:

Norton SC DCJ

File Number(s):

2022/273977

Judgment

1. WHITE JA: This is an application for leave to appeal from a judgment of the District Court (Norton SC DCJ) in which the primary judge struck out the applicant’s Statement of Claim with only limited liberty to replead. Her Honour also required that the applicant serve a paginated and indexed bundle of documents on which she relies with regard to her proposed further amended statement claim.

2. The application for leave to appeal raises the same issues as were raised in the application for leave to appeal from orders made in favour of a Mr Thomas Patrick Glynn. Judgment in the Glynn matter is being delivered at the same time as these reasons (Odtojan v Glynn [2023] NSWCA 276).

3. Mr Glynn is a solicitor. Mr Ford is a barrister. They were retained by Ms Odtojan to act for her in proceedings in the Local Court brought by Credit Corp Services Pty Ltd (“CCS”) for a debt allegedly owed by Ms Odtojan arising from credit provided by the St George Bank to Ms Odtojan through the use of a credit card supplied by that bank. CCS was the assignee of the alleged debt.

4. Ms Odtojan was unsuccessful in her defence of the claim and a substantial order for costs was made against her. Much later, but (so the primary judge held) within the limitation period, she brought proceedings against Mr Ford and Mr Glynn and also Mr Condon SC alleging that the judgments against her in the Local Court were the result of fraud on the part of Mr Ford and Mr Glynn, conspiracy between them and CCS or its lawyers and,…