Preston v Nikolaidis & Ors [2012] NSWCA 56

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Preston v Nikolaidis & Ors [2012] NSWCA 56 Hearing dates: 12 March 2012 Decision date: 12 March 2012 Before: Whealy JA Decision: 1.Decline to make the order sought in Notice of Motion filed by the Applicant on 30.01.12. 2.Order the Applicant to pay the Respondents' costs of the Notice of Motion. 3.Grant liberty to apply on three days' notice. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: INTERLOCUTORY JUDGMENT - Notice of motion seeking document inspection prior hearing of leave application - allegation that documents were fraudulently created to raise assessment costs - speculative nature of application - whether applicant personally liable for bills of costs. Legislation Cited: Supreme Court Act 1970 (NSW) - s 75 Category: Interlocutory applications Parties: John Clement Preston (Appellant) Leon Nikolaidis (First Respondent) Doreen Nikolaidis (Second Respondent) Michael Zwar (Third Respondent) Representation: Counsel: B.M. Zipser (Appellant) J.T. Svehla (Respondents) Solicitors: George Anastasi Livingstone & Co (Appellant) Diamond Conway (Respondents) File Number(s): 1993/023395 Decision under appeal Jurisdiction: 9111 Citation: [2011] NSWSC 1074 Date of Decision: 2011-09-16 00:00:00 Before: Black J File Number(s): 1993/023395