Xeni Investments Pty Ltd v A & J Aoun Pty Ltd [2015] NSWSC 812

Supreme Court New South Wales

Medium Neutral Citation: Xeni Investments Pty Ltd v A & J Aoun Pty Ltd [2015] NSWSC 812 Hearing dates: 18 June 2015 Date of orders: 18 June 2015 Decision date: 18 June 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave to appeal is refused.

(2) The appeal is dismissed.

(3) The decision of her Honour Magistrate Mary Ryan dated 17 June 2014 is affirmed.

(4) The amended summons filed 26 September 2014 is dismissed.

(5) The third defendant is to pay the defendant's costs on an ordinary basis as agreed or assessed. Catchwords: APPEAL FROM LOCAL COURT – whether Magistrate erred in refusing to set aside default judgment – whether any person legally competent to prosecute the appeal - whether defence arguable Legislation Cited: Civil Procedure Act 2005 (NSW) Powers of Attorney Act 2003 (NSW) Category: Principal judgment Parties: Xeni Investments Pty Ltd (First Plaintiff) Steven Kourgialis (Second Plaintiff) Bill Fountas (Third Plaintiff) A & J Aoun Pty Ltd atf JJBF Family Trust (Defendant) Representation: Counsel: S Kourgialis (Self Represented) V Tannous (as agent for Defendant)

Solicitors: Stacks Law Firm (Defendant) File Number(s): 2014/231254 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court, Moss Vale Jurisdiction: General Division Date of Decision: 17 June 2014 Before: Mary Ryan LCM File Number(s): 2013/204419