ΕΠΙΚΙΝΔΥΝΕΣ ΠΡΑΞΕΙΣ ΠΟΥ ΕΠΙΦΕΡΟΥΝ ΤΟΝ ΘΑΝΑΤΟ

In this landmark proceedings before the Paphos District Court (Case No. 538/2023, dated 21/05/2025), Antonis Georgiou, Partner at Phoebus, Christos Clerides & Associates LLC, acting as counsel for the Plaintiffs, successfully persuaded the first instance court to dismiss the Defendants’ application to strike out the Statement of Claim. Mr. Georgiou argued that a Supreme Court reference in prior case law, which suggested that combining personal and derivative actions was impermissible, constituted obiter dictum and not an inflexible rule.

On 19 May 2025, the Limassol District Court—after argument by Antonis Georgiou—dismissed the defendants’ petition to set aside a default judgment in Action 2588/2023. Applying Part 14 and Rule 3.6 of the 2023 Civil Procedure Rules, the Court found no realistic defence, upheld our client’s title to the property and awarded costs.

A recourse to the Administrative Court must be lodged within 75 calendar days of the servable administrative act—that is, the date on which the decision was notified to the person concerned or the date on which the person could reasonably have learnt of it. The deadline is absolute: once it expires the Court lacks jurisdiction. Late applications are dismissed without any examination of the merits.