Odtojan v Ford [2023] NSWCA 277

Odtojan v Ford [2023] NSWCA 277

Leave to appeal was refused because the applicant's allegations of fraud, conspiracy, and bias were unsupported by evidence and improper, the legal issues regarding the alleged credit agreement had been determined in the Local Court, and collateral attacks on the judgments could not proceed without showing collusion. The primary judge was correct to limit liberty to replead to advice regarding the merits of appeal only, and there was no denial of procedural fairness.

Parties
Applicant: Marie Jossane Odtojan; Respondent: Nicholas George Ford
Jurisdiction
Australia
Judgment Date
21 November 2023
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Decision
Outcome
Summons for leave to appeal dismissed with costs
Legal Topics
Appeals, Leave to Appeal, Interlocutory Decisions, Fraud, Conspiracy
Civil Procedure Appeals Leave to Appeal Interlocutory Decisions Fraud Conspiracy

Case Brief

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Parties

Marie Jossane Odtojan

Applicant

Nicholas George Ford

Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Decision

Legal Issues

  1. 1 Whether leave to appeal should be granted from interlocutory decision striking out the applicant's Amended Statement of Claim with limited liberty to replead
  2. 2 Whether unsubstantiated allegations of fraud and conspiracy warrant leave to appeal
  3. 3 Whether procedural fairness and bias occurred in lower court proceedings

Ratio Decidendi

Leave to appeal was refused because the applicant's allegations of fraud, conspiracy, and bias were unsupported by evidence and improper, the legal issues regarding the alleged credit agreement had been determined in the Local Court, and collateral attacks on the judgments could not proceed without showing collusion. The primary judge was correct to limit liberty to replead to advice regarding the merits of appeal only, and there was no denial of procedural fairness.

Court Disposition

Summons for leave to appeal dismissed with costs

Orders

  • Summons for leave to appeal dismissed with costs.
  • 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.