Coric v Grotto & Ors; Nelson v Grotto & Ors; Estate of Late F.A. Grotto & 2 Ors [2007] NSWSC 1080

New South Wales Supreme Court

CITATION : Coric v Grotto & Ors; Nelson v Grotto & Ors; Estate of Late F.A. Grotto & 2 Ors [2007] NSWSC 1080

HEARING DATE(S) : 25/09/2007

JUDGMENT DATE : 25 September 2007

JURISDICTION : Equity

JUDGMENT OF : Bryson AJ at 1

DECISION : 1) Order pursuant to s51(1) of the Supreme Court Act 1970 that the appeal proceedings be removed into the Court of Appeal; 2) I direct that the defendants make an application to the Registrar of the Court of Appeal for directions relating to the further conduct of the appeal proceedings including conduct of an application for leave to appeal; 3) I order that the costs of the proceedings before me follow and be paid in accordance with any order for costs to be made by the Court of Appeal upon the application for leave to appeal or on any appeal; 4) Of my own motion I order pursuant to s26 of the Civil Procedure Act 2005 that the whole of the proceedings be referred to mediation by a mediator; 5) I reserve to each party leave to apply to me on 2 days' notice for directions in detail relating to the appointment of a mediator and the conduct of mediation; 6) I order that the plaintiff has leave to file amended summons so as to join as an additional defendant Boyeli Pty Ltd and to amend the relief accordingly; 7) I direct that the amended summons be filed within 10 days; 8) Costs of the amendment are defendants' costs in the proceedings.

CATCHWORDS : APPEAL – Practice and procedure – Appeal from decision of Associate Judge not to grant summary judgment in proceedings under the Family Provision Act 1982 (NSW) – Whether appeal lies to single judge of a Division of the Supreme Court or to the Court of Appeal – Whether motion in relation to summary judgment constitutes proceedings under the Family Provision Act or Pt 13 Uniform Civil Procedure Rules 2005 (NSW) – Pt 60 r 17 Supreme Court Rules 1970 (NSW), considered