Dominic Iacullo and Lillian Iacullo v Luigi Iacullo & Ors (No 3) [2012] NSWSC 274

Supreme Court New South Wales

Medium Neutral Citation: Dominic Iacullo and Lillian Iacullo v Luigi Iacullo & Ors (No 3) [2012] NSWSC 274 Hearing dates: 5 March 2012 Decision date: 26 March 2012 Jurisdiction: Equity Division Before: Black J Decision: Reference to referee to continue. Reference to be amended by insertion of new paragraph 1A into orders made on 14 June 2011. Parties to be heard further as to wording of such amendment. Costs of motion to be costs in the cause of the Cross-Claim. Catchwords: PRACTICE AND PROCEDURE - Reference under Pt 20 r 14 of Uniform Civil Procedure Rules 2005 (NSW) to referee for inquiry and report - Whether references should be terminated at Cross-Claimants' motion - Whether reference has utility - Whether reference will narrow issues in dispute between the parties. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 56 - Uniform Civil Procedure Rules 2005 (NSW) Pt 20 r 14 Cases Cited: - Glazier Holdings Pty Ltd v Australian Men's Health (No 2) [2001] NSWSC 6 - Meehan & Ors v Glazier Holdings Pty Ltd [2002] NSWCA 22; (2002) 54 NSWLR 146 - Re Estate of Northey (dec'd); Northey v Jull [2005] NSWSC 933 - White v Thompson [2011] NSWCA 161 Category: Principal judgment Parties: Dominic Iacullo (Second Defendant/First Cross-Claimant) Lillian Iacullo (Third Defendant/Second Cross-Claimant) Luigi Iacullo (Plaintiff/First Cross-Defendant) Badminton Investments Pty Ltd (Second Cross-Defendant) IMS Developments Pty Ltd (Third Cross-Defendant) Homeline Constructions Pty Ltd (Fourth Cross-Defendant) Michael Murr (Fifth Cross-Defendant) Pacificon Pty Ltd (Sixth Cross-Defendant) MMAI Pty Ltd (Seventh Cross-Defendant) Glad Con Pty Ltd (Eighth Cross-Defendant) Representation: Counsel: D. A. Smallbone (Defendants/Cross-Claimants) G. A. Moore (Plaintiff/First and Second Cross-Defendants) F. G. Lever (Third, Fourth, Fifth, Sixth, Seventh and Eighth Cross-Defendants) Solicitors: Allsop Glover (Defendants/Cross-Claimants) Kreisson Legal (Plaintiffs/First and Second Cross-Defendants) Carroll & O'Dea (Third, Fourth, Fifth, Sixth, Seventh and Eighth Cross-Defendants) File Number(s): 07/257623