r 46.04(1)

IN THE SUPREME COURT OF VICTORIA AT MELBOURNE COMMERCIAL COURT JUDICIAL REVIEW AND APPEALS LIST

S 2016 03782

BETWEEN THANASIS RAPTIS Plaintiff and CITY OF MELBOURNE First Defendant and 333 CHOICE PROPERTIES PTY LTD (ACN 076 468 472) Second Defendant

SUMMONS

Date of document: Filed on behalf of:

10 November 2016 the Second Defendant

Prepared by: ARNOLD BLOCH LEIBLER Lawyers and Advisers Level 21 333 Collins Street MELBOURNE 3000

TO:

Solicitor's Code: 54

OX 38455 Melbourne Tel: 9229 9999 Fax: 92299900 Ref: 01~1863427 (Charles Gardiner - cgardiner@abl,com.au)

the Plaintiff

You are summoned to attend before the Court on the hearing of an application by the Second Defendant for the following orders: 1

An order that pursuant to rule 23.01 of the Supreme Court (General Civil Procedure)

Rules 2015 and/or pursuant to its inherent jurisdiction, the proceeding be dismissed or alternatively stayed on the grounds that the matters the subject of the proceeding against the Second Defendant are not justiciable in this Court.

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2

2

Alternatively to order 1, an order that pursuant to rule 23.02 of the Supreme Court (General Civil Procedure) Rules 2015, the Plaintiffs originating motion and the Plaintiff's summons on originating motion be struck out on the grounds that they do not disclose a cause of action and/or may prejudice, embarrass or delay the fair trial of the proceeding, or are otherwise an abuse of process of the Court.

3

The Plaintiff pay the Second Defendant's costs of and incidental to the application on an indemnity basis or alternatively on the standard basis.

4

Such further other orders as this Honourable Court deems fit.

The application will be heard before the Honourable Associate Judge Mukhtar at the Supreme Court, 436 Lonsdale Street, Melbourne, on a date and time to be fixed by the Court.

FILED

1tl NOV 2016 This summons was filed by Arnold Bloch Leibler of Level 21, 333 Collins Street, Melbourne, solicitors for the Second Defendant

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