Vizovitis v Ryan

[2012] ACTSC 155

GEORGIA VIZOVITIS v EUNICE CATHERINE MARY RYAN t/as RYANS BARRISTERS & SOLICITORS
 [2012] ACTSC 155 (19 October 2012)

PRACTICE AND PROCEDURE – apprehended bias – application for disqualification of trial judge during trial – applicable principles – apprehended bias not made out – application dismissed.
PRACTICE AND PROCEDURE – summary dismissal of proceeding during trial on ground that relief sought not reasonably proportional to likely cost and duration of proceeding – applicable principles – application dismissed.
PRACTICE AND PROCEDURE – costs – security for costs – application for security during trial – ground of justice of the case – security sought against individual – no evidence of inpecuniosity – no evidence of divesting of assets – no evidence of attempts to evade liability for costs if order made – application dismissed

Legal Practitioners Act1970 (ACT)
Legal Profession Act2006 (ACT)
Supreme Court Rules 1937 (ACT)
Court Procedures Rules 2006 (ACT)
Civil Procedure Act2005 (NSW)
Corporations Act2001 (Cth)

Barakat v Goritsas(No.2) [2012] NSWCA 36
Livesey v NSW Bar Association (1983) 151 CLR 288
Vakauta v Kelly (1989) 167 CLR 568
Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337
Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175
Jones v Sutton (No.2) [2005] NSWCA 203
Bi v Mourad [2010] NSWCA 17
Tey v Optima Financial Group Pty Ltd [2010] WASCA 219
Bellingen Shire Council v Colavon Pty Ltd [2012] NSWCA 34

Schellenberg v British Broadcasting Corporation [2000] EMLR 296

Wallis v Valentine [2003] EMLR 175

Jameel v Dow Jones and Co Inc [2005] QB 946 (Court of Appeal).

Grizonic v Suttor [2008] NSWSC 914
Ware v Amaral Pastoral Pty Ltd(No.4) [2012] NSWSC 920
Robson v Robson [2008] QCA 36 at [22]

No. SC 694 of 2004

Master Harper             
Supreme Court of the ACT

Date:  19 October 2012         

IN THE SUPREME COURT OF THE     )
  )          No. SC 694 of 2004
AUSTRALIAN CAPITAL TERRITORY           )          

BETWEEN:  GEORGIA VIZOVITIS

Plaintiff

AND:EUNICE CATHERINE MARY RYAN t/as RYANS BARRISTERS & SOLICITORS

Defendant

ORDER

Judge:  Master Harper
Date:  19 October 2012
Place:  Canberra

THE COURT ORDERS THAT:

1. The proceeding be listed for mention on 26 October 2012 to fix a date for a directions hearing convenient to counsel who will be appearing at the resumed hearing.

1. The defendant’s application in proceeding be dismissed.

1. The defendant pay the plaintiff’s costs of the application in proceeding.

1. The defendant has made an application in proceeding in this action, which is part-heard before me.  The hearing has been fragmented, and is listed to resume on Monday 17 December 2012. 

1. The defendant is a solicitor, and is sued in her capacity as the principal of a firm of solicitors which acted for the plaintiff in an action for damages for personal injury in this court, arising out of a motor vehicle collision.

1. The present action was commenced on 19 October 2004.  The plaintiff sought, and continues to seek, declaratory relief in respect of two agreements as to costs which she…