Poulos v Tzavellas [2015] NSWSC 1703

Supreme Court New South Wales

Medium Neutral Citation: Poulos v Tzavellas [2015] NSWSC 1703 Hearing dates: 16 November 2015 Date of orders: 16 November 2015 Decision date: 16 November 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. Extend time for Defendants to file and serve the proposed cross-claim to close of business on 23 November 2015 failing which the defence filed 2 October 2015 is struck out and the Plaintiff granted leave to move for default judgment. 2. If no cross-claim is filed and served by 23 November 2015 the Defendant is not permitted to file any further defence or cross-claim without a Motion seeking leave to do so. 3. If the proposed cross-claim is filed by 23 November 2015, the Plaintiff is to file and serve a defence to that cross-claim by 7 December 2015. In those circumstances the proceedings are listed for Directions before Davies J at 9:30am on 11 December 2015. 4. Parties granted liberty to apply on 2 days' notice to Associate. Catchwords: REAL PROPERTY – possession of land – defence not disclosing any defence to the claim – reliance on cross-claim - failure to file cross-claim within time directed – claimed inability to pay filing fees – extension of time granted – if cross-claim not filed by extended date defence struck out Legislation Cited: Contracts Review Act 1980 (NSW) Category: Procedural and other rulings Parties: Frank Fotis Poulos (First Plaintiff) Joy Poulos (Second Plaintiff) F Poulos Enterprises Pty Ltd (Third Plaintiff) Spiros Tzavellas (First Defendant) Carlie Tzavellas (Second Defendant) Representation: Counsel: B Nolan (Plaintiffs) J Xenos (Defendants)