Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Odtojan v Glynn t/as Glynns Lawyers; Odtojan v Ford (No 2) [2024] NSWCA 25 Hearing dates: On the papers Decision date: 14 February 2024 Before: White JA; Basten AJA Decision: Registrar of the Court is directed to refer the judgments in Odtojan v Glynn and Odtojan v Ford and the papers in these proceedings, including the email of Tuesday 5 December 2023 11:56pm, to the Office of the Legal Services Commissioner.
Catchwords: PROFESSIONS – Legal Practitioners – misconduct and discipline – legal practitioners directed to show cause why judgments and papers should not be referred to Legal Services Commissioner – no submissions provided by legal practitioners – judgments and papers referred to Legal Services Commissioner
Cases Cited: Odtojan v Condon (No 2) [2023] NSWCA 149
Odtojan v Condon [2023] NSWCA 129
Category: Consequential orders Parties: Marie Jossane Odtojan (Applicant)
Thomas Patrick Glynn t/as Glynn’s Lawyers (Respondent)Representation: Counsel:
Solicitors:
Applicant appeared in person with Mr A Bryl
Ms A Horvath SC with Ms M Hall (Respondent)
Applicant in person with Mr A Bryl
Moray & Agnew Lawyers (Respondent)
File Number(s): 2023/131229; 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
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THE COURT: On 21 November 2023 we dismissed with costs Ms Odtojan’s summons for leave to appeal from orders of the District Court of New South Wales, striking out Ms Odtojan’s statement of claim with only limited leave to replead. We concluded that there was no proper basis for Ms Odtojan and Mr Bryl to maintain allegations of fraud and collusion against Mr Ford and Mr Glynn (Odtojan v Glynn t/as Glynns Lawyers [2023] NSWCA 276; Odtojan v Ford [2023] NSWCA 277).
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In Odtojan v Condon [2023] NSWCA 129, similar allegations were made by Ms Odtojan and Mr Bryl about the conduct of Mr Condon. In Odtojan v Condon (No 2) [2023] NSWCA 149, this Court referred the papers in those proceedings to the Legal Services Commissioner.
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On 21 November 2023 we ordered that, within 14 days, Ms Odjotan and Mr Bryl show cause why the judgments in Odtojan v Glynn and Odtojan v Ford, and the papers in this Court, should not be referred to the Legal Services Commissioner. At the request of Ms Odtojan and Mr Bryl, on 6 December 2023, we extended the time for provision of such admissions to 12 December 2023.
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No submissions addressing that issue have been provided by Ms Odtojan or Mr Bryl. They provided a lengthy and inappropriate email questioning the reasons of 21 November 2023 but no submissions as to why the judgments and the papers in this Court should not be referred to the Legal Services Commissioner.
-
The reasons of Leeming and Kirk JJA in Odtojan v Condon (No 2) apply equally to these proceedings.
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We direct the Registrar of the Court to refer the judgments in Odtojan v Glynn and Odtojan v Ford and the papers in these proceedings, including the email of Tuesday 5 December 2023 11:56pm, to the Office of the Legal Services Commissioner.
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- AGLC
- Odtojan v Glynn t/as Glynns Lawyers; Odtojan v Ford (No 2) [2024] NSWCA 25
- Case
- [2024] NSWCA 25
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the judgments and papers in the proceedings, including a specific email, should be referred to the Legal Services Commissioner for investigation into potential misconduct. This question arose in circumstances where the legal practitioners had been directed to show cause why such a referral should not occur, but had failed to provide any submissions in response.
The Court reasoned that the failure of the legal practitioners to provide any submissions in response to the direction to show cause meant there was no material before the Court to suggest that the judgments and papers should not be referred. Consequently, the Court exercised its discretion to refer the relevant documents to the Legal Services Commissioner. The Registrar of the Court was directed to make the referral.
Orders
Orders of the court
Registrar of the Court is directed to refer the judgments in Odtojan v Glynn and Odtojan v Ford and the papers in these proceedings, including the email of Tuesday 5 December 2023 11:56pm, 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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