Preston v Nikolaidis [2022] NSWSC 813

Supreme Court New South Wales

Medium Neutral Citation: Preston v Nikolaidis [2022] NSWSC 813 Hearing dates: 23 August 2021 Date of orders: 20 June 2022 Decision date: 20 June 2022 Jurisdiction: Common Law Before: Walton J Decision: (1) The Notice of Motion filed by the plaintiff on 3 May 2021 is dismissed. (2) Subject to further order, no person, other than a party to these proceedings (or a lawyer retained by a party to these proceedings), be granted access to the Court's file without the leave of a Judge. (3) The plaintiff is to pay the defendants' cost on an indemnity basis. Catchwords: CIVIL PROCEDURE – Notice of motion – Referral or direction to NSW Police Force or Attorney General – Stay of proceedings – Allegations of fraud or criminal conduct – Abuse of process – Indemnity costs – Scandalous material Legislation Cited: Crimes Act 1900 (NSW) Legal Profession Act 1987 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Reform Act 1993 (NSW) Police Act 1990 (NSW) Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Nikolaidis v The Queen [2008] NSWCCA 323 Pethers v Minister for Agriculture [2010] NSWSC 805 Preston v Nikolaidis [2010] NSWSC 131 Preston v Nikolaidis [2017] NSWSC 1527 Preston v Nikolaidis [2021] NSWSC 36 Preston v Nikolaidis [2022] NSWSC 549 Re Beverage Freight Services Pty Ltd [2020] NSWSC 509 Wang v Cai (No 2) [2021] NSWSC 1268 Category: Procedural rulings Parties: John Preston (Plaintiff) Leon Nikolaidis in his capacity as executor of the estate of Mitrofanis Nikolaidis (First Defendant) Leon Nikolaidis (Second Defendant) Michael Zwar (Third Defendant) Representation: Counsel: J Preston (Plaintiff self-represented) T S Hale SC (First, Second and Third Defendants)