Kazas-Rogaris v Gaddam [2014] NSWSC 1116

Supreme Court New South Wales

Medium Neutral Citation: Kazas-Rogaris v Gaddam [2014] NSWSC 1116 Hearing dates: 8 August 2014 Decision date: 08 August 2014 Jurisdiction: Common Law Before: Hamill J (as Duty Judge) Decision: (1) Leave is granted to the plaintiff to file in the registry a further amended summons in the same terms as that annexed to the affidavit of Maria Bechara by 15 August 2014. (2) The plaintiff is to file and serve its evidence, including the transcript of the proceedings before the Local Court which are the subject of the appeal, by 15 August 2014. (3) The defendant is to file and serve any evidence upon which it seeks to rely at the appeal by 28 August 2014. (4) I adjourn the matter to the Registrar on 29 August 2014 so that a hearing date may be obtained. (5) The plaintiff is to pay the defendant's costs of today as agreed or assessed. Catchwords: CIVIL LAW - dismissal for want of due dispatch - new legal representatives - arguable grounds - amended summons - balance of competing factors Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Szczygiel v Peeku Holdings [2006] NSWSC 73 Udowenko and Ors v Chief Executive Officer and Board of Directors of St George Bank - A Division of Westpac Banking Corporation and Ors (No. 2) [2011] NSWSC 1122 Category: Procedural and other rulings Parties: Plaintiff: Anne Kazas-Rogaris Defendant: Felicia Gaddam Representation: Counsel: Plaintiff: B Levet Defendant: R Lee Solicitors: Plaintiff: Bechara & Company Solicitors Defendant: Rhodes Legal File Number(s): 2014/122269 Publication restriction: Nil