Giunta v Giunta (Pseudonyms) [2023] NSWDC 202

District Court New South Wales

Medium Neutral Citation: Giunta v Giunta (Pseudonyms) [2023] NSWDC 202 Hearing dates: 8 June 2023 (Last written submissions 15 June 2023) Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [58] for orders Catchwords: CIVIL PROCEDURE – refusal of defendant's application for strike-out or stay sought in litigation between former spouses – former wife claiming tortious damages for assault, battery, and intimidatory conduct by former husband – previous litigation in Family Court where Kennon adjustments were made in favour of former wife to take into account history of family violence when resolving property and parenting disputes – rejection of former husband's claims of res judicata, issue estoppel, Anshun estoppel, oppression, and abuse of process Legislation Cited: Evidence Act 1995 (NSW), s 126 Evidence Act 1995 (NSW), s 136 Family Law Act 1975 (Cwth), s 79, s 121 Cases Cited: Crampton & Robinson [2013] FamCA 65 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Giller v Procopets (2008) VR 1 Giunta & Giunta (No. 3) [2021] FamCA 272 Henderson v Henderson (1843) 67 ER 313; [1843-60] All ER Rep 378 In the Marriage of Warby [2001] FamCA 1469 Keating & Keating [2019] FamCAFC 46 Kennon v Kennon (1997) FLC 92-757; [1997] FamCA 27 Pichard & Pichard [2022] FedCFamC1F 549 Port of Melbourne Authority v Anshun (1981) 147 CLR 589 Rock v Henderson [2021] NSWCA 155 Spagnardi & Spagnardi [2003] FamCA 905 Stack v Coast Securities (No. 9) Pty Ltd (1983) 154 CLR 261 Stokes v Toyne [2023] NSWCA 59 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514 Category: Procedural rulings Parties: Mrs Giunta (a pseudonym) (Plaintiff/respondent) Mr Giunta(a pseudonym) (Defendant/applicant) Representation: Counsel: Ms M Gerace (Plaintiff/respondent) Mr M Neil KC with Ms E Bartley (Defendant/applicant)