Federal Court of Australia
Federal Court of Australia
Pizzino v Caratti [2023] FCA 1624 File number: WAD 230 of 2023
Judgment of: COLVIN J
Date of judgment: 18 December 2023
Catchwords: PRACTICE AND PROCEDURE - application to strike out statement of claim - where not possible to ascertain causes of action with clarity - where claim of fraud and knowing participation in breach of trust not supported by material facts - where relief sought against non-parties - where respondent alleged application is out of time, is an abuse of process or is scandalous - where respondent did not seek order dismissing proceedings - statement of claim struck out - ordered applicants have liberty to replead - ordered statement of claim to be removed from court file
Cases cited: Betfair Pty Limited v Racing New South Wales [2010] FCAFC 133; (2010) 189 FCR 356 Oztech Pty Ltd v Public Trustee of Queensland [2019] FCAFC 102; (2019) 269 FCR 349 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 29
Date of hearing: 18 December 2023
Counsel for the Applicants: Mr BW Duckham
Solicitor for the Applicants: Duckham & Co
Counsel for the Respondent: Mr CG Mofflin
Solicitor for the Respondent: Alan Rumsley - Commercial Lawyer
ORDERS WAD 230 of 2023
BETWEEN: ALBERTO PIZZINO First Applicant
MARIA MCKENNA Second Applicant
ROSA TRICOLI Third Applicant
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