Petronaitis v Rowles

In the Supreme Court of New South Wales, Beazley JA considered an application by Ms Dalia Petronaitis against the second, third, and fifth respondents. The dispute concerned a notice of motion filed by Ms Petronaitis on 15 December 2011, and a subsequent notice of motion filed by the second and third respondents.

The primary legal issue before the court was the determination of appropriate orders in relation to Ms Petronaitis's notice of motion, which sought to set aside or vary existing judgments or orders. The court also had to consider the respondents' application to dispense with service of their own notice of motion and have it heard immediately.

Beazley JA dismissed the first limb of Ms Petronaitis's notice of motion. The court referred the remaining parts of her application, seeking orders 3 and 5, to the Equity Division for listing in conjunction with a specific summons. Furthermore, Ms Petronaitis was referred to the Registrar for pro bono legal assistance. The court ordered Ms Petronaitis to pay the costs of the second, third, and fifth respondents in relation to her notice of motion. In respect of the respondents' notice of motion, service was dispensed with, and it was made returnable instanter, to be listed before the Registrar. No costs were ordered in relation to this latter application.