Majetic v Nucifora Real Estate Pty Ltd [2023] NSWSC 1290

Supreme Court New South Wales

Medium Neutral Citation: Majetic v Nucifora Real Estate Pty Ltd [2023] NSWSC 1290 Hearing dates: 27 October 2023 Decision date: 31 October 2023 Jurisdiction: Common Law Before: Ierace J Decision: (1) Discontinuance of proceedings against the second, third and fourth defendants in each of the matters 2020/278984 and 2020/278993 is approved pursuant to s 76 of the Civil Procedure Act 2005 (NSW). (2) Each party is to pay its own costs of the proceedings. Catchwords: CIVIL PROCEDURE – Approval of discontinuance of proceedings – Personal injury claims against certain defendants – Where plaintiffs under legal incapacity – Whether discontinuance beneficial to plaintiffs' interests Legislation Cited: Civil Procedure Act 2005 (NSW), s 76 Cases Cited: Permanent Trustee Company Ltd v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 Mercedes Holdings Pty Limited v Waters (No 6) [2012] FCA 1412 Category: Principal judgment Parties: Muhamed Marcus Majetic (Plaintiff) Medin Majetic (Plaintiff) Nucifora Real Estate Pty Ltd (First Defendant) Owners Corporation Strata Plan 45367 (Second Defendant) Angelo Maggiotto (Third Defendant) Maria Maggiotto (Fourth Defendant) Marcial Antonio Dias (Fifth Defendant) Representation: Counsel: J Malouf (Plaintiffs) T Channon (Sol) (First Defendant)

Solicitors: Gerard Malouf & Partners (Plaintiffs) Barry Nilsson Lawyers (First Defendant) Mills Oakley Lawyers (Second Defendant) Holman Webb Lawyers (Third and Fourth Defendants) File Number(s): 2020/278984; 2020/278993