Preston v Nikolaidis [2012] NSWCA 198

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Preston v Nikolaidis [2012] NSWCA 198 Hearing dates: 21 June 2012 Decision date: 21 June 2012 Before: Macfarlan JA at [1]; [12] Meagher JA at [11] Decision: The summons for leave to appeal is dismissed with costs. [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: APPEAL - summons seeking leave to appeal - appeal against primary judge's findings rather than orders not permissible

COSTS - assessment process - what objections may be raised Cases Cited: Doyle v Hall Chadwick [2007] NSWCA 159 Category: Principal judgment Parties: John Clement Preston (Applicant) Leon Nikolaidis (First Respondent) Doreen Nikolaidis in her capacity as executrix of the estate of the late Mitrofanis Nikolaidis (Second Respondent) Michael Zwar (Third Respondent) Representation: Counsel: B Zipser (Applicant) J T Svehla (Respondents) Solicitors: Livingstone & Company Lawyers (Applicant) Diamond Conway Lawyers (Respondents) File Number(s): CA 1993/23395 Decision under appeal Citation: John Clement Preston & Anor v Leon Nikolaidis t/as MD Nikolaidis & Co [2011] NSWSC 1074 Date of Decision: 2011-09-13 00:00:00 Before: Black J File Number(s): SC 93/23395