Wakim v Kolotouros [2018] NSWCA 46

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wakim v Kolotouros [2018] NSWCA 46 Hearing dates: 12 March 2018 Date of orders: 12 March 2018 Decision date: 14 March 2018 Before: Simpson JA Decision: Direct that the following be filed and served by Tuesday, 3 April 2018: (i) red appeal book; (ii) if required, an affidavit pursuant to Uniform Civil Procedure Rules 2005 (NSW) 51.22; (iii) evidence in relation to costs.

Stand over each notice of motion to the registrar's list on Tuesday, 3 April 2018.

The question of costs in respect of the motions is reserved. Catchwords: APPEAL – procedure – motions for dismissal for want of due despatch and compliance with court directions – where no opportunity for recommencement – where minimal progress has been made – no issue of principle Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 51.22 Cases Cited: Wakim v Kolotouros [2018] NSWCA 24 Wakim v Kolotouros; Wakim v State of New South Wales [2017] NSWSC 697 Category: Principal judgment Parties: Elias George Wakim (Appellant) Theodorous Kolotouros (First Respondent) State of New South Wales (Second Respondent) Representation: Counsel: D Hawkins (Appellant) R Gambi (First Respondent) R Whittle (Second Respondent)

Solicitors: Attia Lawyers and Consultants (Appellant) Curwoods Lawyers (First Respondent) Norton Rose Fulbright Australia (Second Respondent) File Number(s): 2017/131521; 2017/191184 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Division Citation: Wakim v Kolotouros; Wakim v State of New South Wales [2017] NSWSC 697 Date of Decision: 29 May 2017 Before: Fagan J File Number(s): 2013/17087; 2013/262708