NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Martin v Malouf [2023] NSWSC 71 Hearing dates: 1 February 2023 Date of orders: 10 February 2023 Decision date: 10 February 2023 Jurisdiction: Common Law Before: Elkaim AJ Decision: (1) The proceedings against the first, second and fifth defendants are permanently stayed. (2) The plaintiff is to pay the costs of the notice of motion filed by the first, second and fifth defendants on 13 April 2022. Catchwords: PROCEDURE – notice of motion – application for a permanent stay – allegation of fraud and conspiracy by solicitors – unavailability of notes and documents to defend claim – significant period of time since crucial events – proceedings permanently stayed Legislation Cited: Civil Procedure Act 2005 (NSW), s 67 Cases Cited: Elayoubi v Zipser [2008] NSWCA 335 Martin v Gow Gates Insurance Brokers Pty Ltd (District Court (NSW), Boyd-Boland ADJC, 16 February 2000, unrep) Martin v Malouf [2021] NSWSC 415 Martin v Malouf, (Supreme Court (NSW), Adamson J, 4 February 2022, unrep) Moubarak bht Coorey v Holt [2019] NSWCA 102 The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 Category: Procedural rulings Parties: Ms L Martin (Plaintiff)
Mr Gerard Malouf (First Defendant) Mr Vrege Kolossian (Second Defendant) Mr Sasho Petrovski (Fifth Defendant) Representation: Counsel: Mr P Bates (Defendants)
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