Briffa v Palasovski [2015] NSWSC 213

Supreme Court New South Wales

Medium Neutral Citation: Briffa v Palasovski [2015] NSWSC 213 Hearing dates: 2 February 2015 Date of orders: 02 February 2015 Decision date: 02 February 2015 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: The Amended Statement of Claim filed on 23 January 2015 be struck out; the claim for relief in paragraph 3 of the Notice of Motion filed on 17 September 2014 be dismissed; the plaintiff file and serve any Further Amended Statement of Claim by 23 February 2015; the proceedings be adjourned to 2 March 2015 at 10.00am for directions before me; the balance of the motion filed 17 September 2014 be adjourned to 2 March 2015. Catchwords: PROCEDURE – stay of proceedings – where party liable for costs of proceedings commences further proceedings on the same cause of action or for the same relief – where costs order made against bankrupt – absence of jurisdiction to make costs order – where costs not assessed – discretion not to exercise power to stay proceedings Legislation Cited: (NSW) Uniform Civil Procedure Rules 2005, r 12.10, r 13.6 (NSW) Civil Procedure Act 2005, s 67 Cases Cited: CGU Insurance Limited v Watson (as trustee of the deed of arrangement in respect of Greaves) [2007] NSWCA 301 Category: Procedural and other rulings Parties: Berlinda Briffa (plaintiff) Tony Palasovski (first defendant), Boris Palasovski (second defendant), Elena Palasovski (third defendant), Nicholas Palasovski (fourth defendant) Representation: Counsel: In person (plaintiff) R Perla (defendants)