Preston v Nikolaidis [2022] NSWSC 813

Preston v Nikolaidis [2022] NSWSC 813

The plaintiff’s Notice of Motion should be dismissed because it is too vague, re-agitates previously decided matters, is an abuse of process, and seeks reliefs for which the Court lacks power. The plaintiff is ordered to pay indemnity costs.

Jurisdiction
Australia
Judgment Date
20 June 2022
Procedural Posture
Civil / Notice of Motion—interlocutory Application
Outcome
Notice of Motion dismissed; indemnity costs ordered against plaintiff; access to court file restricted.
Legal Topics
['notice of Motion' 'referral to NSW Police or Attorney General' 'stay of Proceedings' 'abuse of Process' 'indemnity Costs' 'scandalous Material']
['civil Procedure'] ['notice of Motion' 'referral to NSW Police or Attorney General' 'stay of Proceedings' 'abuse of Process' 'indemnity Costs' 'scandalous Material']

Case Brief

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Procedural Posture

Civil / Notice of Motion—interlocutory Application

Legal Issues

  1. 1 ['Should the Court refer allegations of fraud, corruption and criminal acts to the NSW Police or Attorney General?' 'Should the Court grant a stay of proceedings pending any investigation by NSW Police or Attorney General?' 'Are the plaintiff’s allegations and applications an abuse of process?' 'Should indemnity costs be ordered against the plaintiff?']

Ratio Decidendi

The plaintiff’s Notice of Motion should be dismissed because it is too vague, re-agitates previously decided matters, is an abuse of process, and seeks reliefs for which the Court lacks power. The plaintiff is ordered to pay indemnity costs.

Court Disposition

Notice of Motion dismissed; indemnity costs ordered against plaintiff; access to court file restricted.

Orders

  • ['The Notice of Motion filed by the plaintiff on 3 May 2021 is dismissed.' "Subject to further order, no person, other than a party to these proceedings (or a lawyer retained by a party to these proceedings), be granted access to the Court's file without the leave of a Judge." "The plaintiff is to pay the...