Constantinidis v Tsolakis [2012] NSWSC 1001

Supreme Court New South Wales

Medium Neutral Citation: Constantinidis v Tsolakis [2012] NSWSC 1001 Hearing dates: 2 August 2012 Decision date: 30 August 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Mr and Mrs Constantinidis' motion is dismissed. 2. Their statement of claim is struck out. 3. Mr and Mrs Constantinidis have leave to file and serve an amended statement of claim within 21 days of this judgment, but for the claims advanced in relation to the 2001 transaction. 4. Mr and Mrs Constantinidis bear Mr Tsolakis' costs of the motions, as agreed or assessed. Catchwords: PROCEDURE - notice of motions - orders seeking dismissal of proceedings or in the alternative striking out the statement of claim - order seeking default judgment against defendant - defendant former solicitor for the plaintiffs - whether plaintiff failed to commence proceedings on time - consideration of s 14(1), s 55 and s 63 of the Limitation Act 1969 - plaintiff to be given an opportunity to replead - motions dismissed - orders made - costs Legislation Cited: Interpretation Act 1987 Limitation Act 1969 Cases Cited: Constantinidis v Kehagiadis [2011] NSWSC 974 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Segal v Young [2001] NSWCA 141 Category: Procedural and other rulings Parties: George Constantinidis (First Plaintiff) Gemma Constantinidis (Second Plaintiff) Vasso Paul Tsolakis (Defendant) Representation: Counsel: Mr NJ Beaumont Solicitors: Mr George Constantinidis (First Plaintiff,) (unrepresented) Mrs Gemma Constantinidis (Second Plaintiff) (unrepresented) Middletons (Defendant) File Number(s): 2011/315822 Publication restriction: None