Proietti v Proietti [2023] NSWCA 76

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Proietti v Proietti [2023] NSWCA 76 Hearing dates: 18 April 2023 Decision date: 21 April 2023 Before: Ward P at [1]; Adamson JA at [2] Decision: (1) Dismiss the amended notice of motion filed on 5 April 2023. (2) Order the applicant to pay the respondents' costs of the notice of motion on an indemnity basis, such costs to be paid from the applicant's share of the net proceeds of the sale of the property at Marsfield of which the applicant and Peter Proietti are tenants in common in equal shares. Catchwords: APPEALS — review of decision refusing stay pending determination of application for special leave to appeal to High Court — no reason for stay in light of special leave being refused — no utility in reviewing decision APPEALS — application to set aside orders — where applicant resisted dismissal of appeal against orders for sale of real property under s 66G of the Conveyancing Act 1919 (NSW) — no right to challenge orders except by special leave application to High Court — Court of Appeal has no power to set aside its final orders which have been duly entered DIRECTIONS — Teoh direction — whether applicant should be restricted from accessing Court in order to protect trustees' expeditious sale of property and other beneficiary — direction not warranted COSTS — special order for costs — whether other beneficiary should pay half of costs of unsuccessful litigation brought against trustees by applicant — trustee costs to be paid on indemnity basis by applicant from applicant's share of proceeds of sale Legislation Cited: Civil Procedure Act 2005 (NSW), s 63 Conveyancing Act 1919 (NSW), s 66G Supreme Court Act 1970 (NSW), s 46 Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: Bailey v Marinoff (1971) 125 CLR 529; [1971] HCA 49 Choi v Secretary, Department of Justice and Communities [2022] NSWCA 170 DJL v The Central Authority (2000) 201 CLR 226; [2000] HCA 17 Perpetual Trustees Australia Ltd v Heperu Pty Ltd (No 2) (2009) 78 NSWLR 190; [2009] NSWCA 387 Proietti v Proietti [2022] NSWCA 234 Proietti v Proietti [2022] NSWCA 268 Proietti v Proietti [2022] NSWSC 875 Proietti v Proietti [2023] HCASL 15 Teoh v Hunters Hill Council (No 4) (2011) 81 NSWLR 771; [2011] NSWCA 324 Category: Principal judgment Parties: Philip Proietti (Applicant) Peter Proietti (First Respondent) Ian Colwell Miller & Peter Joseph Dominello as Court Appointed Trustees (Second Respondent) Representation: Counsel: Applicant (Self-represented) No appearance (First Respondent) J Eun (Second Respondent)