NSW Caselaw
New South Wales Supreme Court
CITATION : Grizonic v Suttor [2008] NSWSC 914
HEARING DATE(S) : 3 July 2008
JUDGMENT DATE : 1 September 2008
JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
DECISION : Order 11 of 5 February 2004 in proceeding 6141/03 stayed. Proceeding 2475/05 dismissed against third defendant. Proceeding 1960/08 stayed.
CATCHWORDS : PROCEDURE – where plaintiff and defendant were former partners in business ordered by the Court in 2004 to give an account of partnership assets – where parties have sold jointly owned property and moneys have been paid into Court – where proceedings have lengthy history of in excess of 110 interlocutory adjudications and non-compliance of Court directions by parties – where plaintiff no longer legally represented – where length and cost of proceedings is disproportionate to final relief claimed and available – where plaintiff granted postponement of final hearing on two earlier occasions – where plaintiff alleged that he has been precluded by the Court from adducing evidence – where plaintiff left court room on day appointed for hearing – whether account should be stayed – disposition of outstanding proceedings.
LEGISLATION CITED : (NSW) Civil Procedure Act 2005, ss 56, 57, 58, 59, 60 (NSW) Uniform Civil Procedure Rules, r 46.9
CATEGORY : Principal judgment
Claudio Grizonic v Maurice Blackburn Cashman Pty Ltd [2008] NSWSC 76 Grizonic v Suttor, [2008] NSWSC 900 Grizonic v Suttor, [2008] NSWSC 912 Grizonic v Suttor, [2008] NSWSC 913 Grizonic v Suttor; Grizonic v McDonald [2006] NSWSC 1359 CASES CITED : In the Marriage of Trnka (1984) 10 Fam LR 213; (1984) FLC 91-535 In Re Cornish Tin Sands Ltd, Bastard v The Company [1918] WN 377 Jameel v Dow Jones & Co Inc [2005] EWCA Civ 75; [2005] QB 946 Schellenberg v British Broadcasting Coorporation [2000] EMLR 296 Wade v Trnka [2006] NSWSC 1097 Wade (formerly Trnka ) v Trnka (1996) 135 FLR 198; (1996) FLC 92-711 Wallis v Valentine [2002] EWCA Civ 1034; [2003] EMLR 8
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