Pronesti v Napoli [2024] NSWSC 1049

Supreme Court New South Wales

Medium Neutral Citation: Pronesti v Napoli [2024] NSWSC 1049 Hearing dates: 19 August 2024 Date of orders: 19 August 2024 Decision date: 19 August 2024 Jurisdiction: Equity - Applications List Before: Kunc J Decision: Parentage testing procedure ordered Catchwords: SUCCESSION — Family provision — Claim by adult child — Bare paternity — Where parentage testing procedure could bring proceedings to an end Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Status of Children Act 1996 (NSW) ss 26-31 Cases Cited: Kohari v NSW Trustee and Guardian [2016] NSWSC 1372 Category: Procedural rulings Parties: Peter Pronesti (Plaintiff/Applicant) Angela Napoli bht Antonio Napoli (Defendant) Antonio Napoli (First Respondent) Giuseppe Napoli (Second Respondent) Representation: Counsel: T Catanzariti (Plaintiff/Applicant) M Fraser (Defendant) MM Pringle (First and Second Respondents)

Solicitors: Agostino & Co Solicitors (Plaintiff/Applicant) Maxwell Berghouse & Ives (Defendant) Capitol Legal (First and Second Respondents) File Number(s): 2024/153425 Publication restriction: None

EX TEMPORE JUDGMENT (REVISED)

Summary 1. Cinquefrondi is a small town in Calabria, in the boot of Italy. The relationships between immigrants to Australia from that town have reverberated across the decades to assume importance in these proceedings, including the motion now before the Court. That motion seeks orders for certain persons to undergo a parentage testing procedure, more colloquially known as a DNA test. 2. Without disrespect I shall refer to those involved by their Christian names, in some cases Anglicised. They all trace their origins to Cinquefrondi. 3. For the reasons which follow, the Court will grant the relief sought in the motion. 4. Ms T Catanzariti of Counsel appeared for Peter, the applicant on the motion. Ms M Fraser of Counsel appeared for the estate of the late Salvatore Napoli and Mrs M Pringle represented the two other respondents to the motion (to whom I shall refer as the Napoli brothers). I acknowledge the assistance the Court has received from the written submissions of Ms Catanzariti and Mrs Pringle, and the submissions advanced today by all counsel.