Kendirjian v Lepore [2017] HCA 13

HIGH COURT OF AUSTRALIA

KIEFEL CJ BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ

DAVID KENDIRJIAN APPELLANT

AND

EUGENE LEPORE & ANOR RESPONDENTS

Kendirjian v Lepore [2017] HCA 13 29 March 2017 S170/2016

ORDER

1. Appeal allowed from the Supreme Court of New South Wales Court of Appeal's decision in relation to the second respondent.

2. Set aside the orders of the Supreme Court of New South Wales Court of Appeal made on 21 May 2015 and 1 June 2015 insofar as they apply to the second respondent and, in lieu thereof, order that the appeal against the second respondent to the Supreme Court of New South Wales Court of Appeal be allowed and the orders made by District Court Judge Taylor SC on 16 May 2014 insofar as they relate to the second respondent be set aside and in lieu thereof order that the Notice of Motion filed by the second respondent on 31 July 2013 in the District Court of New South Wales be dismissed.

3. The second respondent pay the appellant's costs of and incidental to the second respondent's Notice of Motion filed in the District Court of New South Wales on 31 July 2013.

4. The second respondent pay the appellant's costs of and incidental to the application for leave to appeal and the appeal to the Supreme Court of New South Wales Court of Appeal below against the judgment and orders made by District Court Judge Taylor SC in favour of the second respondent.

5. The second respondent pay the appellant's costs of and incidental to the application for special leave to appeal and the appeal to the High Court of Australia against the judgment and orders made by the Supreme Court of New South Wales Court of Appeal on 21 May 2015 and 1 June 2015 in favour of the second respondent.

6. Remit the balance of the matter to the District Court of New South Wales.

On appeal from the Supreme Court of New South Wales