NSW Caselaw
New South Wales Supreme Court
CITATION : Sotos v Soulos [2008] NSWSC 708
HEARING DATE(S) : 9 July 2008
JUDGMENT DATE : 22 July 2008
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
(1) The notice of motion filed 5 June 2008 is dismissed. DECISION : (2) The cross defendant is to pay the plaintiff's costs as agreed or assessed. (3) The matter is to be listed for a status conference on 31 July 2008 before the Registrar at 9.00 am.
CATCHWORDS : DISMISS - Strike out cross claim
LEGISLATION CITED : Uniform Civil Procedure Rules
CATEGORY : Procedural and other rulings
CASES CITED : Commonwealth of Australia v Griffiths & Anor [2007] NSWCA 370 Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41
Helen Sotos (Plaintiff/Cross Claimant) PARTIES : Michael Soulos (First Defendant) Marilyn Soulos (Second Defendant) Con Kristallis (Cross Defendant)
FILE NUMBER(S) : SC 13346/2006
COUNSEL : M P Cleary (Plaintiff/Cross Claimant) I G Roberts (Cross Defendant)
SOLICITORS : Giles Payne & Co (Plaintiff/Cross Claimant) Kennedys (Cross Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST
ASSOCIATE JUSTICE HARRISON
TUESDAY, 22 JULY 2008
13346/2006 - HELEN SOTOS v MICHAEL SOULOS & MARILYN SOULOS
JUDGMENT (Dismiss: strike out cross claim) 1 HER HONOUR: By notice of motion filed 5 June 2008, the cross defendant seeks that the statement of cross-claim filed 2 March 2007 be dismissed pursuant to UCPR Rule 13.4, or in the alternative, that the statement of cross-claim be struck out pursuant to UCPR Rule 14.28. The cross defendant is Con Kristallis (Mr Kristallis). The plaintiff/cross claimant is Helen Sotos (Ms Sotos). The first defendant Michael Soulos (Mr Soulos). The second defendant is Marilyn Soulos (Mrs Soulos and also known as Mia or Maria by the family). Ms Sotos is the Aunt of the Michael Soulos. Mr Kristallis relied on the affidavit of Jennifer Gai Bicknell (his solicitor) filed 5 June 2008. Mr Kristallis has not put on any evidence. Ms Sotos relied on her own affidavits filed 3 January 2008 and 29 April 2008.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate