Preston v Nikolaidis [2012] NSWCA 198

Preston v Nikolaidis [2012] NSWCA 198

Leave to appeal was dismissed as an appeal does not lie where the only order is unimpeachable and only the judge’s observations or reasoning are challenged. The contentions by the applicant were speculative and not presently justiciable at this stage.

Parties
Applicant: John Clement Preston; First Respondent: Leon Nikolaidis; Second Respondent: Doreen Nikolaidis in her capacity as executrix of the estate of the late Mitrofanis Nikolaidis; Third Respondent: Michael Zwar
Jurisdiction
Australia
Judgment Date
21 June 2012
Procedural Posture
Application for Leave to Appeal / Summons for Leave to Appeal in Court of Appeal
Outcome
Summons for leave to appeal dismissed with costs
Legal Topics
Leave to Appeal, Assessment of Costs, Objections in Cost Assessment
Appeal Costs Leave to Appeal Assessment of Costs Objections in Cost Assessment

Case Brief

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Parties

John Clement Preston

Applicant

Leon Nikolaidis

First Respondent

Doreen Nikolaidis in her capacity as executrix of the estate of the late Mitrofanis Nikolaidis

Second Respondent

Michael Zwar

Third Respondent

Procedural Posture

Application for Leave to Appeal / Summons for Leave to Appeal in Court of Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against primary judge’s findings rather than orders
  2. 2 Whether certain contentions (Fabricated Document Contention, Already Paid Contention) may be raised in the costs assessment

Ratio Decidendi

Leave to appeal was dismissed as an appeal does not lie where the only order is unimpeachable and only the judge’s observations or reasoning are challenged. The contentions by the applicant were speculative and not presently justiciable at this stage.

Court Disposition

Summons for leave to appeal dismissed with costs

Orders

  • The summons for leave to appeal is dismissed with costs.