Dr Bill Lyon Pty Limited v Smooth as Silk Laser Cosmetic Clinic Pty Limited (No 3) [2019] NSWSC 549

Supreme Court New South Wales

Medium Neutral Citation: Dr Bill Lyon Pty Limited v Smooth as Silk Laser Cosmetic Clinic Pty Limited (No 3) [2019] NSWSC 549 Hearing dates: 10 May 2019 Date of orders: 10 May 2019 Decision date: 14 May 2019 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Discharge order 1 of the orders made by the Court on 15 March 2019 that the reference made on 11 July 2018 on the issue of causation and quantum to the Hon. Kevin Lindgren QC be stayed pending further order of the Court.

(2) Direct that the plaintiffs notify the Hon. Kevin Lindgren QC of order 1 above.

(3) The defendants' notice of motion filed on 14 February 2019 be dismissed with costs. Catchwords: CIVIL PROCEDURE – Stay of proceedings – Concurrent civil and criminal proceedings – whether stay necessary to achieve justice between competing rights of parties – whether issues and evidence relevant to both sets of proceedings – prejudice to parties – admissions already made by defendant Cases Cited: Griffin David James v Sogelease Australia Limited [2002] NSWCA 421 McMahon v Gould (1982) 7 ACLR 202 Niven v SS [2006] NSWCA 338 Category: Procedural and other rulings Parties: Dr Bill Lyon Pty Ltd (First Plaintiff) Dr Bill Lyon Services Pty Ltd (Second Plaintiff) Smooth as Silk Laser and Cosmetic Clinic Pty Ltd (First Defendant) Tommy Meyir Yitzhak Jodlovich (Second Defendant) Representation: Counsel:

HW Somerville (Plaintiffs) D Groundwater – WMD Law (Defendants)