Ishak Cicek and anor. v The Estate of the late Mark Solomon and ors. (No 2) [2013] NSWSC 1479

Supreme Court New South Wales

Medium Neutral Citation: Ishak Cicek and anor. v The Estate of the late Mark Solomon and ors. (No 2) [2013] NSWSC 1479 Hearing dates: 8 October 2013 Decision date: 08 October 2013 Before: Bellew J Decision: Leave to rely on further affidavits refused. Catchwords: PRACTICE AND PROCEDURE - where evidentiary statements served by plaintiffs - where order made by Registrar that plaintiffs not be permitted to rely upon further affidavit material without leave of the court - where Registrar's order made six months prior to trial - where plaintiffs served further affidavit material approximately one week prior to trial - where affidavit material raised new issues - where defendant had made forensic decisions as to the conduct of the case based upon evidentiary statements - where granting of leave would necessitate lengthy adjournment of proceedings so as to allow defendants to investigate new issues raised - where such adjournment would cause further delay and additional costs - leave to rely upon further affidavit material refused Legislation Cited: Civil Procedure Act (NSW) 2005 Cases Cited: AON Risk Services Australia Limited v The Australian National University (2009) 239 CLR 175

Ishak Cicek and anor. v The Estate of the late Mark Solomon and anor. [No 1] [2013] NSWSC 1490 Category: Principal judgment Parties: Ishak Cicek - First plaintiff Ulka Basak Tilli - Second plaintiff The Estate of the late Mark Solomon - First defendant National Australia Bank - Third defendant Representation: In person - Plaintiffs HWL Ebsworth - First defendant Turks Legal - Third defendant File Number(s): 2011 / 327029