Ishak Cicek and anor. v The Estate of the late Mark Solomon and ors (No 3) [2013] NSWSC 1492

Supreme Court New South Wales

Medium Neutral Citation: Ishak Cicek and anor. v The Estate of the late Mark Solomon and ors (No 3) [2013] NSWSC 1492 Hearing dates: 8 October 2013 Decision date: 16 October 2013 Before: Bellew J Decision: (i) I enter a verdict and judgment for the first defendant. (ii) I enter a verdict and judgment for the third defendant. (iii) I order that the first and second plaintiffs are to pay the costs of each of the first and third defendants. Catchwords: PRACTICE AND PROCEDURE - application for judgment at the close of the plaintiff's case - whether a judgment for the plaintiffs could not be supported - necessity to take the plaintiff's evidence at its highest - application granted - verdict and judgment entered in favour of the first and third defendants Legislation Cited: Real Property Act 1900 Uniform Civil Procedure Rules 2005 Cases Cited: Cicek v The Estate of the Late Mark Solomon [2013] NSWSC 1348 Cicek and anor. v The Estate of the Late Mark Solomon and ors [No.1] [2013] NSWSC 1490 Cicek v The Estate of the Late Mark Solomon [No. 2] [2013] NSWSC 1479 De Gioia v Darling Island Stevedoring and Lighterage Co Limited (1941) 42 SR (NSW) 1 Hunt v Watkins (2000) 49 NSWLR 508 Mailman v Ellison (CA (NSW) 25 November 1993 unreported) Winterton Constructions v Hambros (1992) 111 ALR 649 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 Publication restriction: Nil