NSW Caselaw
New South Wales Court of Appeal
CITATION: Filippo Parisi & Anor v Antonio Nigro & Ors [2006] NSWCA 121
HEARING DATE(S): 2 May 2006
JUDGMENT DATE: 16 May 2006
JUDGMENT OF: Beazley JA at 1; Ipp JA at 19; Basten JA at 20
EX TEMPORE JUDGMENT DATE: 05/02/2006
DECISION: 1. The notice of motion filed 26 April 2006 is dismissed; 2. The appeal is dismissed; 3. The appellants are to pay the respondents costs of the appeal on a party/party basis up to and including 26 April 2006 and thereafter costs are to be paid on an indemnity basis, including costs of today on the basis of a brief fee as if this matter had proceeded to a hearing of the appeal.
CASES CITED: Jones v Dunkel (1959) 101 CLR 298 Nigro v Parisi [2004] NSWSC 1117
Filippo Parisi (First Appellant) Domenica Rosa Parisi (Second Appellant) PARTIES: Antonio Nigro (First Respondent) Maria Incoronata Nigro (Second Respondent) Vincenzo Pirrello (Third Respondent) Carmela Pirrello (Fouth Respondent)
FILE NUMBER(S): CA CA 40483/05
COUNSEL: B Washington (Appellants) MBJ Lee (Respondents)
SOLICITORS: HAL Lawyers (Appellants) Levitt Robinson Solicitors (Respondents)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): 5245/02
LOWER COURT JUDICIAL OFFICER: Barrett J
LOWER COURT DATE OF DECISION: 12/10/2004
LOWER COURT MEDIUM NEUTRAL CITATION: Nigro v Parisi [2004] NSWSC 1177
- 5 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40483/05
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