Alexakis v Masters [2022] NSWSC 1256

Supreme Court New South Wales

Medium Neutral Citation: Alexakis v Masters [2022] NSWSC 1256 Hearing dates: On the papers Date of orders: 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Equity Before: Henry J Decision: Leave to re-open refused Catchwords: CIVIL PROCEDURE – application to re-open case –where plaintiff sought to adduce further evidence after judgment is reserved – whether further evidence is important and of probative value to issues in the case – where some consequential delay and further expense would be caused – application refused Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Cappello & Anor v Scrivener & Anor (No 2) [2021] NSWSC 168 Goodman Fielder Consumer Foods Pty Ltd v GrainCorp Foods Australia Pty Ltd [2020] NSWSC 706 Marriner v Australian Super Developments Pty Ltd [2016] VSCA 141 Owners - Strata Plan No 74602 v Brookfield Australia Investments Ltd [2015] NSWSC 1682 Taouk v Louis (No 1) [2014] NSWSC 656 Category: Procedural rulings Parties: Peter Alexakis (Plaintiff/Cross-Defendant) Gary Masters (First Defendant/Cross-Claimant/Cross-Defendant) Frank Camilleri (Second Defendant/Fourth Cross-Defendant/Second Cross-Claimant) Hildegard Schwanke (Third Defendant/Second Cross-Defendant/First Cross-Claimant) Irmgard (Marianne) Schwanke (Fourth Defendant/Third Cross-Defendant/Second Cross-Claimant) Representation: Counsel: L Ellison SC with L Fernandez (Plaintiff) R Wilson SC with C Birtles (First Defendant) V Bedrossian SC with L Reeves (Second Defendant) J Brown with P Wiggins (Third and Fourth Defendants) P Rogers (Interested Party)