Costa v Verney [2012] NSWSC 1129

Supreme Court New South Wales

Medium Neutral Citation: Costa v Verney [2012] NSWSC 1129 Hearing dates: 12/09/2012 Decision date: 20 September 2012 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The appeal is dismissed. (2) The decision of his Honour Magistrate Feather dated 11 April 2012 is affirmed. (3) The amended summons filed 26 July 2012 is dismissed. (4) The plaintiff is to pay the defendant's costs as agreed or assessed. Catchwords: APPEAL FROM LOCAL COURT - claim by plaintiff for recovery from the defendant of moneys said by the plaintiff to be mortgage overpayments and expenses incurred by plaintiff to maintain property - plaintiff's claim summarily dismissed in Local Court - issue estoppel where Family Court proceedings had dealt with parties' property - appeal dismissed Legislation Cited: Family Law Act 1975 (Cth) Local Court Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Blair v Curran [1939] HCA 23; (1939) 62 CLR 464 Commonwealth of Australia v Griffiths [2007] NSWCA 370; (2007) 70 NSWLR 268 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Swain v Waverley Municipal Council [2005] HCA 4; (2005) 220 CLR 517 Category: Principal judgment Parties: Patrick Costa (Plaintiff) Ebony Verney (First Defendant) Gavin Verney (Second Defendant) Margaret Anne Costa (Third Defendant) Representation: Plaintiff in person J Ryan (Third Defendant) Plaintiff in person Mark Brown & Associates (Third Defendant) File Number(s): 2012/146349 Decision under appeal Date of Decision: 2012-04-11 00:00:00 Before: Feather LCM File Number(s): 2011/384657