Levis v Stavropoulos [2020] NSWDC 296

Levis v Stavropoulos [2020] NSWDC 296

As there are no current criminal charges in Greece and the investigation remains indeterminate, granting a stay would unjustly prejudice the plaintiff's right to have her claim heard promptly; the defendant has not shown real risk of prejudice that outweighs the plaintiff's rights, so the stay is refused.

Parties
Plaintiff: Beth Levis; Defendant: Nicholas Stavropoulos
Jurisdiction
Australia
Judgment Date
12 June 2020
Procedural Posture
Civil / Interlocutory Motions Determination of Applications for Stay of Proceedings and Consequential Case Management Orders
Outcome
Defendant's motion for stay dismissed; Plaintiff's motion (as not rendered otiose) allowed; costs to follow the event; case management orders issued.
Legal Topics
Stay of Proceedings, Parallel Civil and Criminal Proceedings, Jurisdiction, Case Management
Civil Procedure Stay of Proceedings Parallel Civil and Criminal Proceedings Jurisdiction Case Management

Case Brief

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Parties

Beth Levis

Plaintiff

Nicholas Stavropoulos

Defendant

Procedural Posture

Civil / Interlocutory Motions Determination of Applications for Stay of Proceedings and Consequential Case Management Orders

Legal Issues

  1. 1 Whether civil proceedings should be stayed pending the conclusion of criminal investigation or proceedings in Greece
  2. 2 Balancing procedural rights of parties in civil litigation in the context of related criminal proceedings

Ratio Decidendi

As there are no current criminal charges in Greece and the investigation remains indeterminate, granting a stay would unjustly prejudice the plaintiff's right to have her claim heard promptly; the defendant has not shown real risk of prejudice that outweighs the plaintiff's rights, so the stay is refused.

Court Disposition

Defendant's motion for stay dismissed; Plaintiff's motion (as not rendered otiose) allowed; costs to follow the event; case management orders issued.

Orders

  • The defendant's motion filed 23 March 2020 is dismissed.
  • The defendant is to pay the plaintiff's costs of the dismissed motion on the ordinary basis unless otherwise ordered.