Preston v Nikolaidis [2020] NSWSC 776

Supreme Court New South Wales

Medium Neutral Citation: Preston v Nikolaidis [2020] NSWSC 776 Hearing dates: 18 June 2020 Date of orders: 18 June 2020 Decision date: 19 June 2020 Jurisdiction: Equity Before: Williams J Decision: Order that the first plaintiff's notice of motion filed on 17 June 2020 is dismissed. Catchwords: PRACTICE AND PROCEDURE – subpoenas – access regime – no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57 and 58 Limitation Act 1969 (NSW), ss 14 and 63 Uniform Civil Procedure Rules 2005 (NSW), rr 36.15 and 36.16 Cases Cited: Attorney-General (NSW) v Chidgey (2008) 182 A Crim R 536; [2008] NSWCCA 65 Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256; [2006] HCA 27 Broadway Plaza Investments Pty Ltd v Broadway Plaza Pty Ltd [2019] NSWSC 410 Preston v Nikolaidis [2017] NSWSC 1527 R v Saleam [1999] NSWCA 86 Category: Procedural and other rulings Parties: John Preston (First Plaintiff) Western Suburbs Constructions Pty Ltd (formerly Preston Erections Pty Ltd) (Second Plaintiff) Leon Nikolaidis in his capacity as the executor of the estate of the late Mitrofanis Demetrius Nikolaidis (First Defendant) Leon Nikolaidis trading as MD Nikolaidis & Co (Second Defendant) Michael Zwar (Third Defendant) Representation: Counsel: Mr B Zipser (Plaintiffs) Mr T S Hale SC with Mr J Svehla (Defendants)