Liprini v Liprini [2010] NSWCA 126

New South Wales Court of Appeal

CITATION: Liprini v Liprini [2010] NSWCA 126

HEARING DATE(S): 24 May 2010

JUDGMENT DATE: 24 May 2010

JUDGMENT OF: Allsop P at 1

EX TEMPORE JUDGMENT DATE: 24 May 2010

DECISION: Appeal dismissed with costs. Orders to be entered forthwith.

LEGISLATION CITED: Uniform Civil Procedure Rules, r 13.4

CATEGORY: Principal judgment

PARTIES: Dr Allan Stephen Liprini (Appellant) Kevin Liprini (Respondent)

FILE NUMBER(S): CA 2007/266109

COUNSEL: In Person (Appellant) Mr M Lawson (Respondent)

SOLICITORS: In Person (Appellant) Redmond Hale Simpson (Respondent)

LOWER COURT JURISDICTION: Supreme Court - Equity Division

LOWER COURT FILE NUMBER(S): 2008/2468

LOWER COURT JUDICIAL OFFICER: Nicholas J

LOWER COURT DATE OF DECISION: 10 July 2009

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 2007/266109

ALLSOP P

Monday 24 May 2010 DR ALLAN STEPHEN LIPRINI v KEVIN LIPRINI

Judgment 1 ALLSOP P: This is a notice of motion dated 6 May 2010 filed on 7 May 2010 seeking the dismissal of the appellant's notice of appeal filed on 8 October 2009. 2 There has been filed in the registry a document entitled "Amended Grounds of Appeal". That document was filed on 17 May 2010 and is to be taken for the purposes of the motion as a part of the notice of appeal. 3 The matter arises directly out of two judgments of Nicholas J in the Equity Division, both of 10 July. Both were extempore reasons. The judgments concerned the attempted enforcement by the respondent to the appeal and the applicant to the motion, Mr Kevin Liprini, of consent orders made after a mediation in a matter concerning the estate of Mr Kevin Liprini's and Dr Alan Liprini's father. The orders that Nicholas J made are annexure C to the affidavit of Michael John Sommerville and are as follows: