Nitopi v Nitopi [2021] NSWSC 669

Supreme Court New South Wales

Medium Neutral Citation: Nitopi v Nitopi [2021] NSWSC 669 Hearing dates: 09 June 2021 Date of orders: 11 June 2021 Decision date: 11 June 2021 Jurisdiction: Common Law Before: Harrison J Decision: Application dismissed with costs. Catchwords: PROCEDURE – civil – circumstances in which court may strike out pleadings or dismiss proceedings at an interlocutory stage – where defendant contends plaintiff allegedly used criminal conduct to prevent or hinder him from defending claim and prosecuting cross-claim – where defendant fails to establish that plaintiff stole unspecified documents relevant to proceedings during course of committing offences for which she has been found guilty – where defendant argues that plaintiff's delays cause him significant prejudice – where unclear connection between allegedly stolen documents and defendant's forensic position – where defendant's reliance on UCPR 14.28 is misplaced – where no evidence of inexcusable or substantial delay Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 14.28 Cases Cited: Clark v State of New South Wales [2012] NSWCA 139 Nitopi v Nitopi [2019] NSWCA 81 Palavi v Radio 2UE Sydney Pty Ltd [2011] NSWCA 264 Category: Procedural rulings Parties: Cristina Pirello Nitopi (Plaintiff/First Cross-Defendant) Guiseppe Nitopi (Defendant/Cross-Claimant) Christina Nitopi (Second Cross-Defendant) Representation: Counsel: R Stitt QC with H Stitt (Applicant/Defendant) J Loofs SC (Respondent/Plaintiff)