Dimitriou v Huybers (No 2) [2018] NSWCA 62

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dimitriou v Huybers (No 2) [2018] NSWCA 62 Hearing dates: 26 March 2018 Decision date: 26 March 2018 Before: Basten JA; Macfarlan JA; Leeming JA Decision: (1) The Court:

(a) refuses the application to tender an additional affidavit and accompanying exhibit. (b) dismisses the application to vacate the hearing.

Following further argument:

(2) The amended notice of motion filed 24 November 2017 is dismissed.

(3) Applicants to pay the costs of the respondents to be assessed on the ordinary basis. Catchwords: CIVIL PROCEDURE – application to vacate hearing date – proposal to tender volume of documents not before primary judge – no opportunity to address the material – no evidence explaining why production so late

CIVIL PROCEDURE – dismissal of appeal for non-compliance with directions – application to review decision of single judge – inadequacy of explanation for non-compliance – judge not satisfied as to responsibility of lawyers for non-compliance – judge satisfied appeal had no realistic prospects of success Category: Principal judgment Parties: George Dimitriou (First Applicant) Wyse & Young International Pty Ltd (Second Applicant) Wyse Accounting Pty Ltd (Third Applicant) Susan Elizabeth Huybers (First Respondent) Pineview Property Holdings Pty Ltd (Second Respondent) Salvatore Russo t/as Russo and Partners (Third Respondent) Representation: Counsel: Mr G Dimitriou for all applicants Mr D Allen (Respondents)