Anthony Murdaca v Vincent Pizzinga [2013] NSWSC 396

Supreme Court New South Wales

Medium Neutral Citation: Anthony Murdaca v Vincent Pizzinga [2013] NSWSC 396 Hearing dates: 19 November 2012 Decision date: 26 April 2013 Before: Bellew J Decision: 1.The proceedings are dismissed. 2.The plaintiff is to pay the defendant's costs Catchwords: PRACTICE AND PROCEDURE - application to dismiss proceedings - plaintiff bringing action for negligence against former solicitor - plaintiff previously bankrupt - whether plaintiff's right to bring proceedings against solicitor was property which vested in his trustee upon the making of the sequestration order - whether such right was re-assigned to the plaintiff by the trustee - whether plaintiff's action for personal injury was maintainable on the basis that it was independent of his property rights - proceedings not maintainable by the plaintiff - proceedings dismissed Legislation Cited: Bankruptcy Act 1966 Civil Liability Act 2002 (New South Wales) Conveyancing Act 1919 Limitation Act 1969 (New South Wales) Cases Cited: Batistatos v Roads and Traffic Authority of NSW [2006] HCA 27; (2006) 227 ALR 425 Charles Forte Investments Ltd v Amanda [1964] Ch 240 Cox v Journeaux and Ors [No 2] [1935 HCA 48; (1935) 52 CLR 713 General Steel Industries Inc v Commissioner for Railways New South Wales [1964] HCA 69; (1964) 112 CLR 125 Daemar v Industrial Commission of New South Wales and Ors (1988) 12 NSWLR 85 Daemar v Industrial Commission of New South Wales and Anor [No 2] (1990) 22 NSWLR 178 Gunns v Marr [2005] VSC 251 Mannigel v Hewlett Phelps [1991] NSWCA 186 Murdaca v RAMS Mortgage Corporation Limited [2007] NSWSC 512 Norman v Federal Commissioner of Taxation [1963] HCA 21; (1963) 109 CLR 9 Pegler v Dale (1975) 1 NSWLR 265 Piwinski v Corporate Trustees of the Diocese of Armidale (1975) 1 NSWLR 265; (1975) 6 ALR 62) Shelton v National Roads and Motorists Association Limited (2004) 51 ACSR 278 Category: Procedural and other rulings Parties: Anthony Murdaca - Plaintiff / Applicant Vincent Pizzinga - Defendant / Defendant Representation: Mr L Robison - Plaintiff / Respondent Mr P Arblaster - Defendant / Applicant Colin Biggers and Paisley - Defendant / Applicant Self represented - Plaintiff/Respondent File Number(s): 2011/362962 Publication restriction: Nil