Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Rouvinetis v Knoll [2013] NSWCA 24 Hearing dates: 29 January 2013 Decision date: 19 February 2013 Before: Basten JA at [1];
Barrett JA at [63];
Ward JA at [64]Decision: (1) Without resolving the objection to competency, dismiss the appeal.
(2) Order the appellant to pay the respondent's costs in this Court, including, in the case of the Board, those relating to the objection to competency.
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Catchwords: APPEAL - civil - objection to competency - requirement to obtain leave if compensation in issue less than $100,000 - compensation not assessed in court below - failure by appellant to file an affidavit in accordance with Uniform Civil Procedure Rules 2005 (NSW) - consequence of failure - procedure for determining competency
BIAS - apprehension of bias - assertion that the trial judge was Jewish and a Zionist - a defendant in proceedings a judge of the same Division of the Court as the trial judge - no application for the trial judge to disqualify herself - unrepresented litigant aware of the source of possible apprehension of bias - waiver of right to object
TORTS - negligence - assault - battery - wrongful imprisonment - appellant detained by security guards - whether only reasonable force usedLegislation Cited: Law Enforcement (Power and Responsibilities) Act 2002 (NSW), s 100
Security Industry Act 1997 (NSW), ss 7, 23A, 36,
Supreme Court Act 1970 (NSW), ss 85, 101
Uniform Civil Procedure Rules 2005 (NSW), r 51.22Cases Cited: Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd [2006] HCA 55; 229 CLR 577
CUR 24 v Director of Public Prosecutions [2012] NSWCA 65
Gillard v Hunter Wire Products Pty Ltd t/as Hunter Screen Products (No 2) [2001] NSWCA 450
Goodwin v Commissioner of Police [2012] NSWCA 379
Maynes v Casey [2011] NSWCA 156
Makucha v Sydney Water Corporation [2011] NSWCA 234
Maroubra Rugby League Football Club v Malo [2007] NSWCA 39; 69 NSWLR 496
Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; 244 CLR 427
Rouvinetis v Knoll [2009] NSWSC 1212
Smits v Roach [2006] HCA 36; 227 CLR 423
Vakauta v Kelly [1989] HCA 44; 167 CLR 568Category: Principal judgment Parties: Evangelos Rouvinetis (Appellant)
David Knoll (First Respondent)
Paliguard Pty Ltd (Second Respondent)
Stephen Rothman (Third Respondent)
Yair Miller (Fourth Respondent)
Robin Margo (Fifth Respondent)
Sam Zweie (Sixth Respondent)
Uri Windt (Seventh Respondent)
Graham de Vahl Davis (Eighth Respondent)
Robert Goot (Ninth Respondent)
Gerry Levy (Tenth Respondent)
Michael Marx (Eleventh Respondent)
Peter Wertheim (Twelfth Respondent)
George Foster…
Continue reading Rouvinetis v Knoll
Sign in free to access the full text
- AGLC
- Rouvinetis v Knoll [2013] NSWCA 24
- Case
- [2013] NSWCA 24
- Decision Date
CaseChat Overview and Summary
The Court was required to determine two primary legal issues. The first was the competency of the appeal, given that the compensation in issue was less than $100,000, which typically requires leave to appeal. This was compounded by the appellant's failure to file an affidavit in accordance with the Uniform Civil Procedure Rules 2005 (NSW). The second issue concerned an apprehension of bias, with the appellant asserting that the trial judge was Jewish and a Zionist, and that a defendant in the proceedings was a judge of the same court division.
Regarding the competency of the appeal, the Court noted the appellant's failure to comply with procedural rules, including the filing of an affidavit. The Court also addressed the apprehension of bias claim, observing that no application had been made for the trial judge to disqualify herself, and that the unrepresented litigant was aware of the potential grounds for objection. The Court found that the appellant had waived his right to object on this basis.
Ultimately, without definitively resolving the objection to competency, the Court of Appeal dismissed the appeal. The appellant was ordered to pay the respondent's costs in the Court, including those relating to the objection to competency.
Orders
Orders of the court
(1) Without resolving the objection to competency, dismiss the appeal.
(2) Order the appellant to pay the respondent's costs in this Court, including, in the case of the Board, those relating to the objection to competency.
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.