Preston v Nikolaidis [2022] NSWSC 521

Supreme Court New South Wales

Medium Neutral Citation: Preston v Nikolaidis [2022] NSWSC 521 Hearing dates: 9 April 2021, 6 May 2021, 18 June 2021 & 28 July 2021, and written submissions up to 20 September 2021. Date of orders: 2 May 2022 Decision date: 02 May 2022 Jurisdiction: Equity Before: Slattery J Decision: Plaintiff has not elected to have abandoned his claim for the files. Directions made requiring the plaintiff to put on evidence as to what value the files have to him, so that the Court can better case manage the balance of these proceedings. Proceedings not stayed on the plaintiff's motion. Catchwords: CIVIL PROCEDURE – Election – defendants contended plaintiff has elected to have abandoned a cause of action through statements made on behalf of the plaintiff to the court – whether the cause of action was abandoned or not – stay of proceedings – plaintiff seeks proceedings be stayed pending resolution of referral of issues to the NSW Police and the NSW Judicial Commission – whether proceedings should be stayed. Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rule Judicial Officers Act 1986 Limitation Act 1969 Cases Cited: Preston v Nikolaidis [2017] NSWSC 1527 Preston v Nikolaidis [2021] NSWSC 36 Category: Consequential orders Parties: In the 1993/00023395 proceedings:

First plaintiff: John Preston Second plaintiff: Western Suburbs Constructions Pty Limited (formerly Preston Erections Pty Ltd) First defendant: Doreen Philomene Nikolaidis (as the executrix of the estate of the late Mithofanis Demetrius) Second defendant: Leon Niloaidis t/as M D Nikolaidis & Co Third defendant: Michael Zwar