NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Preston v Nikolaidis [2022] NSWSC 549 Hearing dates: 17 September 2021 Date of orders: 6 May 2022 Decision date: 06 May 2022 Jurisdiction: Equity Before: Lindsay J Decision: Order, with ancillary orders, that the Plaintiff's notice of motion filed on 14 May 2021 be dismissed. Catchwords: PRACTICE AND PROCEDURE — Inherent jurisdiction — Abuse of process — Collateral allegations of fraud made by means of a Notice of Motion in long running proceedings. Legislation Cited: Uniform Civil Procedure Rules 2005 NSW Limitation Act 1969 NSW Cases Cited: Preston v Nikolaidis [2017] NSWSC 1527 Preston v Nikolaidis [2020] NSWSC 776 Preston v Nikolaidis [2021] NSWSC 36 Preston v Nikolaidis [2022] NSWSC 521 Preston v Nikolaidis (No 2) [2021] NSWSC 174 Teoh v Hunters Hill Council (No 4) (2011) 81 NSWLR 771; [2011] NSWCA 324 Category: Procedural rulings Parties: First Plaintiff: John Preston Second Plaintiff: Western Suburbs Constructions Pty Ltd (formerly Preston Erections Pty Ltd) First Defendant: Leon Nikolaidis in his capacity as the executor of the estate of the late Mitrofanis Demetrius Nikolaidis Second Defendant: Leon Nikolaidis trading as MD Nikolaidis & Co Third Defendant: Michael Zwar Representation: Counsel: Plaintiffs: self-represented Defendants: TS Hale SC
Solicitors: Plaintiffs: self-represented Defendants: Diamond Conway Lawyers File Number(s): 1993/00023395
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