Preston v Nikolaidis [2010] NSWSC 427

New South Wales Supreme Court

CITATION : Preston v Nikolaidis [2010] NSWSC 427

HEARING DATE(S) : 30/03/10, 20/04/10

JUDGMENT DATE : 11 May 2010

JURISDICTION : Equity Division

JUDGMENT OF : Barrett J

1. Order pursuant to s 64(1)(b) and s 65(2)(b) of the Civil Procedure Act 2005 that the plaintiff have leave to amend the summons filed on 24 August 1993 by adding Michael John Zwar as a defendant. DECISION : 2. Order that the plaintiff's notice of motion filed on 30 March 2010 be dismissed. 3. Order that there be no order as to costs with respect to either the defendants' notice of motion filed on 2 October 2009 or the plaintiff's notice of motion filed on 29 March 2010. 4. Direct that the proceedings be listed before Registrar Walton on 24 May 2010 for directions and, if appropriate, for allocation of hearing dates.

CATCHWORDS : PROCEDURE - amendment - plaintiff granted leave to amend by adding as a defendant a person treated throughout as a de facto defendant - plaintiff refused leave to amend by adding claims known for many years but not previously made - proceedings undetermined after sixteen years - need for case management to bring them to trial promptly

LEGISLATION CITED : Civil Procedure Act 2005, ss 56, 57, 58, 64(1)(b), 64(2), 65(2)(b)

Aon Risk Services Australia Ltd v Australia National University [2009] HCA 27; (2009) 239 CLR 175 Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 CASES CITED : Greenwood v Papademetri [2007] NSWCA 221 Newmont Yandal Operations Pty Ltd v The J Aron Corporation [2007] NSWCA 195; (2007) 70 NSWLR 411 Preston v Nikolaidis [2010] NSWSC 131 R v Lawrence [1982] AC 510