Reed v Courtney

Case [2023] VSC 787


IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

PROPERTY LIST

S ECI 2020 04159

GLEN ANDREW REED (as executor of the estate of David Graeme Courtney) Plaintiff
and
KATHLEEN MARY COURTNEY (also known as KATHY MARY COURTNEY) First Defendant
and
REGISTRAR OF TITLES Second Defendant

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JUDGE:

Harris J

WHERE HELD:

Melbourne

DATE OF HEARING:

7 December 2023

DATE OF JUDGMENT:

22 December 2023

CASE MAY BE CITED AS:

Reed v Courtney & Anor

MEDIUM NEUTRAL CITATION:

[2023] VSC 787

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JUDICIAL REVIEW AND APPEALS – Application for leave pursuant to r 77.06 of the Supreme Court (General Civil Procedure) Rules 2015 to appeal a decision of an Associate Justice – Refusal to reinstate proceeding and set aside consent orders – Application for extension of time to bring appeal – Application for summary judgment – Application to adduce fresh evidence – No error of law identified – Proposed appeal so lacking in merit as to be futile – Application for extension of time refused.

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APPEARANCES:

Counsel Solicitors
For the Plaintiff Ms A Kinda Forty Four Degrees Lawyers and Consultants
For the First Defendant Self-represented
For the Second Defendant No appearance

HER HONOUR:

Background

  1. This is an application by Ms Kathleen Courtney for an extension of time in which to seek leave to appeal a decision of Irving AsJ, in which his Honour refused an application by Ms Courtney to reinstate the proceedings which had earlier been the subject of consent orders settling the proceeding.

  1. On 4 November 2020, Mr Reed commenced this proceeding by originating motion seeking that caveats lodged by Ms Courtney over a property in South Yarra (the South Yarra property) and Lorne (the Lorne property) (the Properties) be removed by the second defendant, the Registrar of Titles.[1] Ms Courtney retained Mr Graeme Efron of the firm Efron & Associates as her solicitor in the proceeding.

    [1]          On 16 November 2020, the second defendant advised the Court by way of correspondence that she did not intend to appear in this proceeding.

  1. On 29 January 2021, Efron & Associates signed proposed consent orders to resolve the proceeding, which were made by Daly AsJ on the same day (the Consent Orders). These included orders for the removal of caveats over the South Yarra property and the Lorne property by the second defendant, orders restraining Ms Courtney from lodging any caveats over the South Yarra property or the Lorne property, and an order that Ms Courtney pay Mr Reed’s costs in the proceeding. The orders were amended under the slip rule to correct a reference to one of the properties on 15 February 2021.

  1. On 2 February 2022, Efron & Associates filed a Notice of Solicitor Ceasing to Act.

  1. On 10 February 2022, Ms Courtney filed a summons seeking to reinstate the proceedings, which was opposed by Mr Reed. The basis for Ms Courtney’s application for reinstatement was that she claimed that she did not authorise Mr Efron to sign the…

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Reed v Courtney [2023] VSC 787
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[2023] VSC 787
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CaseChat Overview and Summary

In the case of Reed v Courtney, the applicant sought leave to appeal a decision of an Associate Justice, which refused to reinstate a proceeding and set aside consent orders. The Supreme Court was tasked with deciding whether to grant leave for the appeal, as well as considering various other applications related to the proceedings. The applicant argued that there was an error of law in the Associate Justice's decision and sought an extension of time to bring the appeal, a summary judgment, and permission to adduce fresh evidence.

The court examined the legal issues surrounding the applicant's request for leave to appeal, the extension of time, the summary judgment, and the fresh evidence. The court found that no error of law was identified in the Associate Justice's decision, and the proposed appeal was lacking in merit to the extent that it was considered futile. Furthermore, the applicant failed to demonstrate sufficient grounds for an extension of time, summary judgment, or the adducing of fresh evidence.

As a result, the court refused the applicant's request for leave to appeal, the extension of time, the summary judgment, and the adducing of fresh evidence. The Associate Justice's decision was upheld, and the consent orders remained in place. The court's reasoning was based on the lack of error of law and the futility of the proposed appeal. No further orders were made beyond the refusal of the applications.

Orders

Orders of the court

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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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