Nitopi v Nitopi [2018] NSWSC 1504

Supreme Court New South Wales

Medium Neutral Citation: Nitopi v Nitopi [2018] NSWSC 1504 Hearing dates: 3 October 2018 Date of orders: 03 October 2018 Decision date: 03 October 2018 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Stand the matter over for directions before the Registrar on 20 November 2018 at 9.00am.

(2) In the event that it is known by 14 November 2018 that the plaintiff's application for leave to appeal has been refused, the parties are to confer about a court-ordered mediation and report to the Registrar accordingly on 20 November 2018.

(3) The second cross-defendant is to pay the cross-claimant's costs of the proceedings from 10 April 2018 to 15 August 2018.

(4) The second cross-defendant is to pay the cross-claimant's costs of the cross-claimant's Notice of Motion filed 15 August 2018 up to and including 7 September 2018, and one‑third of his costs of that Notice of Motion thereafter.

(5) Make no order as to costs in respect of the Notice of Motion filed by the second cross-defendant on 6 September 2018.

(6) Otherwise, the two Notices of Motion filed 15 August 2018 and 6 September 2018 are dismissed.

(7) Grant leave to the second cross-defendant to file an Amended Defence to the Cross-claim, prepared in accordance with the reasons for judgment delivered 3 October 2018, on or before 5.00pm on 19 October 2018. Catchwords: PLEADING – no question of principle Category: Procedural and other rulings Parties: Giuseppe Nitopi (Cross-Claimant) Cristina Pirrello Nitopi (First Cross-Defendant) Christina Antonina Lucia Nitopi (Second Dross-Defendant) Representation: Counsel: HWM Stitt; J Tsang (Cross-Claimant) DE Walker (Second Cross-Defendant)