Lamond v Artinian [1999] NSWSC 94

New South Wales Supreme Court CITATION : Lamond v Artinian [1999] NSWSC 94 CURRENT JURISDICTION : Common Law Division FILE NUMBER(S) : 14401/92 HEARING DATE(S) : 8/2/99 9/2/99 JUDGMENT DATE : 19 February 1999

PARTIES : PATRICIA LAMOND v GEORGE ARTINIAN & ORS. JUDGMENT OF : Sully J

M. E. Jenkins - Applicant COUNSEL : A.C. Collins - 1st and 2nd Responent B. Mainhoff - 3rd Respondent T.M. Hobson - 4th Respondent Paul A. Curtis & Co. - Applicant SOLICITORS : Blake Dawson Waldron - lst and 2nd Respondent Minter Ellison - 3rd Respondent Ebsworth & Ebsworth - 4th Respondent CATCHWORDS : DECISION : 1.That proceedings numbered 14401 of 1992 in the Common Law Division of this Court be restored to the active list of that Division.; 2. That Phillip Lamond, the husband of the late Patricia Lamond, be substituted as plaintiff to such restored proceedings.; 3. That, not later than 7 days from the date of publication of this judgment, a copy of the order giving effect to Order 2 above be served upon each of the four defendants to the principal proceedings. In default of such service on any defendant, then the principal proceedings will stand, by virtue of SCR Pt. 8 R. 12(1)(b), dismisssed as against that defendant. I direct that service by facsimile transmission will be sufficient compliance with this order.; 4. That the proceedings be transferred not later than 21 days after the date of publication of the present judgment into the District Court of New South Wales.; 5. That the plaintiff pay the costs, as agreed or assessed, of all four defendants of the present Notice of Motion; and the costs of the first, second and third defendants, of the callover on 4 June 1998 before Wood CJ at CL.