Cavallaro v Egisto [2002] NSWSC 880

New South Wales Supreme Court

CITATION : Cavallaro v Egisto [2002] NSWSC 880 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1532/01 HEARING DATE(S) : 14/08/02 JUDGMENT DATE : 27 September 2002

Angelino Cavallaro - Plaintiff/Second Cross-Defendant PARTIES : Pompeo Joseph Egisto - First Defendant/First Cross-Defendant Santa Giunti, Leopoldo Antonio Giunti and Pietra Alfia Giunti - Second Defendants/Cross-Claimants JUDGMENT OF : Barrett J

Mr M R Aldridge SC - Plaintiff COUNSEL : Mr L Calvitto, Solicitor - First Defendant Mr C J Bevan/Mr J G Azzi - Second Defendants Anderson Lawyers SOLICITORS : Egisto Solicitors - First Defendant Turner Freeman CATCHWORDS : PROCEDURE - costs - no question of principle DECISION : See paragraph 10

- 5 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BARRETT J

FRIDAY, 27 SEPTEMBER 2002

1532/01 – ANGELINA CAVALLARO v POMPEO JOSEPH EGISTO (ADMINISTRATOR OF THE ESTATE OF AGATINO GIUNTI) & ORS JUDGMENT 1 The background to these proceedings may conveniently be outlined by repeating the first six paragraphs of my judgment of 6 March 2002: "1. The plaintiff is the sister of the late Agatino Giunti and the daughter of the late Santa Uccino Giunti. The second defendants are the children of Agatino Giunti. The first defendant is the administrator of the as yet unadministered estate of Agatino Giunti. 2. The second defendants are residents of Italy, as was their late father, Agatino Giunti, who, according to the evidence, made a visit to Australia in 1987 during which he opened a deposit account with the Commonwealth Bank. A sum of $8,000 was paid into that account. Ownership of the $8,000 had been the subject of a dispute among family members and, by way of resolution, was placed in the account on the basis that it would be used to care for Santa Uccino Giunti, the then elderly mother of Agatino Giunti and of the plaintiff. The mother died about eight years later.