NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Zahos v Michael [2012] NSWSC 1110 Hearing dates: 21/8/2012 Decision date: 19 September 2012 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Paragraphs 1 and 2 of the fourth defendant's notice of motion filed 28 May 2012 are dismissed. (2) Paragraph 3 of the fourth defendant's notice of motion filed 28 May 2012, in relation to security for costs, is stood over to 10 October 2012 at 9.00 am before the Registrar. (3) Order that the plaintiff is to file any affidavits in relation to security for costs within 14 days. (4) The notices of motion filed 1 June 2012 and 12 July 2012, in relation to subpoenae, are stood over to 10 October 2012 at 9.00 am before the Registrar. (5) Costs of the fourth defendant's notice of motion filed 28 May 2012 are reserved. Catchwords: PRACTICE AND PROCEDURE - application by fourth defendant to strike-out pleadings - Uniform Civil Procedure Rules 2005 rr 13.4 and 14.28 - substantive proceedings by plaintiff claiming judgment debt - s 37A Conveyancing Act in relation to transfer of interest in property from first defendant to fourth defendant - strike-out application dismissed Legislation Cited: Conveyancing Act 1919 Industrial Relations Act 1996 Uniform Civil Procedure Rules 2005 rr Cases Cited: ASIC v Rich [2009] NSWSC 1229 Commonwealth of Australia v Griffiths [2007] NSWCA 370; (2007) 70 NSWLR 268 Marcolongo v Yu Po Chen [2011] HCA 3 Patel v Lal [2011] NSWSC 603 Szanto v Bainton [2011] NSWSC 985 Category: Procedural and other rulings Parties: Terry Zahos (Plaintiff) Poppy Michael (First Defendant) CKZIA Pty Ltd (Second Defendant) Eatstablishment Pty Ltd (Third Defendant) Anastasios Michael (Fourth Defendant) Representation: S Jacobs (Plaintiff) S Habib SC With R Francois (First Defendant) F Salama (Second and Third Defendants) A Hourigan (Fourth Defendant) Robertson & Associates (Plaintiff) William Roberts Lawyers (First Defendant) Pagano Burlovich Lawyers (Second and Third Defendants) Vogue Legal (Fourth Defendant) File Number(s): 2012/55250
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