Nicholas Bobos v Commonwealth Bank of Australia [2016] NSWSC 449

Supreme Court New South Wales

Medium Neutral Citation: Nicholas Bobos v Commonwealth Bank of Australia [2016] NSWSC 449 Hearing dates: 15 April 2016 Decision date: 15 April 2016 Jurisdiction: Equity Before: Meagher JA Decision: 1. Order the third defendant's motion dated 9 February 2016 (for payment of monies paid into Court) be adjourned until 6 May 2016. 2. Order the plaintiff's motion dated 14 April 2016 (for an adjournment) otherwise be dismissed. 3. List proceedings 2016/20904 and 2014/47464 for directions in the Commercial List on Friday, 6 May 2016. 4. No order as to the costs of today's hearing. Catchwords: PROCEDURE – motion seeking payment to third defendant of monies paid into Court – application to adjourn motion – basis on which monies paid into Court – no question of principle Category: Procedural and other rulings Parties: Nicholas Bobos (Plaintiff) Commonwealth Bank of Australia (First Defendant) Nicholas Gyss (Second Defendant) Cristal Mining Australia Limited (Third Defendant) Representation: Counsel: D C Eardley (Plaintiff) No appearance (First Defendant) V F Kerr (Second Defendant) M Christie SC (Third Defendant)

Solicitors: Downeys Lawyers (Plaintiff) No appearance (First Defendant) Fisher Jeffries (Second Defendant) Baker & McKenzie (Third Defendant) File Number(s): 2016/20904