NSW Caselaw
New South Wales Supreme Court
CITATION : Reliance Financial Services v Criniti & Ors [2006] NSWSC 715
HEARING DATE(S) : 14/07/06 JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 07/14/2006
DECISION : Plaintiff ordered to serve additional affidavits by 31 July 2006 and to pay the plaintiff's costs. Matter stood over to Registrar.
CATCHWORDS : PROCEDURE - Summary Termination - Failure to comply with orders of Registrar to serve additional evidence on three occasions - New solicitors who repeatedly sought file from former solicitors to no avail - Former director of plaintiff incarcerated and diagnosed with cancerous growth moved from one correctional facility to others because of medical condition and other court commitments making it difficult to take instructions - Whether the proceedings should be dismissed
LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005
Fairey v Fairey (No 2) [2000] NSWCA 173 CASES CITED : Witten v Lombard Australia Ltd [1968] 2 NSWR 529 Stollznow v Calvert [1980] 2 NSWLR 749 Micallef v ICI Operations Pty Ltd and Anor [2001] NSWCA 274
Reliance Financial Services Pty Ltd - Plaintiff PARTIES : Francesco Criniti - 1st Defendant Caterina Criniti - 2nd Defendant Josephine Romano - 3rd Defendant
FILE NUMBER(S) : SC 1832/05
COUNSEL : Mr A Iuliano - Defendant
SOLICITORS : Mr T Hall (HAL Lawyers)- Plaintiff Agostino & Co Solicitors & Attorneys - Defendants
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
GZELL J
FRIDAY 14 JULY 2006
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