Gemma Constantinidis v Maxwell William Prentice in his capacity as trustee for the Estate of George Constantinidis [2023] NSWSC 128 — Service & Summary Disposal — Barrister AI
Gemma Constantinidis v Maxwell William Prentice in his capacity as trustee for the Estate of George Constantinidis
› seeking default judgment against sixteen defendants
› notices of motion by some of the defendants seeking summary dismissal
› personal service not effected
› no merit to application for default judgment
Civil Procedure
› summary disposal
› where plaintiff previously involved in Federal Circuit Court litigation concerning bankruptcy of late husband and previous Federal Circuit Court family law proceedings
› issue estoppel
› Anshun estoppel
› extended estoppel - whether an abuse of process is demonstrated
› where all claims made had been decided in earlier proceedings
› where abuse of process to attempt to relitigate in present proceedings
› where proceedings should be dismissed
› r 13.4 UCPR
Occupations
› legal practitioners
› solicitors
› where solicitors acted for opposing party in contentious proceedings
› where solicitors acted for trustee in bankruptcy to sell property in which plaintiff had no interest - no duty owed to plaintiff
Case Details
Citation[2023] NSWSC 128
CourtNSWSC
JurisdictionNew South Wales
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