Levis v Stavropoulos [2020] NSWDC 296

District Court New South Wales

Medium Neutral Citation: Levis v Stavropoulos [2020] NSWDC 296 Hearing dates: 11 June 2020 Date of orders: 12 June 2020 Decision date: 12 June 2020 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraphs [38] to [42] for orders. Catchwords: PRACTICE & PROCEDURE – dismissal of an application for a stay of proceedings – civil proceedings claiming damages for alleged assault in Greece – decision on whether defendant will be tried on criminal charges in Greece still pending with Greek prosecutor – balancing of respective procedural rights and entitlements Legislation Cited: Civil Procedure Act 2005 (NSW), s 26, s 31.4(1), s 58(2), s 67 UCPR r 12.11(1)(h), r 31.4(1) Cases Cited: Damberg v Damberg & Ors (2001) 52 NSWLR 492; [2001] NSWCA 87 Gipsy Fire v Truth Newspapers Pty Ltd (1987) NSWLR 382 Levis v Stavropoulos, unreported, 27 February 2020 Category: Procedural and other rulings Parties: Beth Levis (Plaintiff) Nicholas Stavropoulos (Defendant) Representation: Counsel: Mr M Windsor SC with Ms E Yasumoto (Plaintiff) Mr SE McCarthy (Defendant)

Solicitors: Carroll & O'Dea Lawyers (Plaintiff) Vobis Equity Attorneys (Defendant) File Number(s): 2019/113051 Publication restriction: None

Judgment

Two contested notices of motion 1. Each party in these proceedings has filed a notice of motion seeking procedural orders in a case brought by the plaintiff, Beth Levis, against the defendant, Nicholas Stavropoulos, claiming damages for an alleged assault and battery, on the Greek Island of Mykonos. 2. The defendant's notice of motion, filed on 23 March 2020, seeks an order pursuant to s 67 of the Civil Procedure Act 2005 (NSW), for a stay of the plaintiff's proceedings, for a period of 12 months, or alternatively, that the proceedings be stayed until asserted parallel and related criminal proceedings involving the defendant, in Greece, have concluded. The plaintiff opposes those orders on grounds of unreasonableness. 3. The defendant's notice of motion follows the dismissal, on 27 February 2020, of an earlier notice of motion filed by him in which he failed to persuade another Judge of this Court that a stay should be ordered pursuant to s 67 of the Civil Procedure Act 2005 on the argued ground that, pursuant to UCPR r 12.11(1)(h), it had no jurisdiction in this case, Greece being the asserted appropriate forum. That argument was rejected: Levis v Stavropoulos, unreported, 27 February 2020: (His Honour Judge Dicker SC). 4. The plaintiff's notice of motion, filed on 7 May 2020, sought an order that the defendant file his defence within 7 days, or alternatively, the plaintiff have liberty to enter a default judgment, with damages to be assessed. Case management orders were also sought by the plaintiff concerning the service of documentary evidence. 5. Before the motions could be heard, the defendant filed a defence electronically at 5.59pm on 10 June 2020. The effect of that eleventh hour filing now obviates the need for the plaintiff to continue to seek an order for a defence to be filed within seven days. However, the case management orders sought by the plaintiff still remain relevant and must be determined.