Dominic Iacullo and Lillian Iacullo v Luigi Iacullo & Ors [2014] NSWSC 787

Supreme Court New South Wales

Medium Neutral Citation: Dominic Iacullo and Lillian Iacullo v Luigi Iacullo & Ors [2014] NSWSC 787 Hearing dates: 10, 11 and 15 April 2014 Decision date: 13 June 2014 Jurisdiction: Equity Division Before: Black J Decision: Judgment that trial to proceed on basis of specified paragraphs of proposed further amended cross-claim not challenged or where leave has been granted, and for cross-claimants not to be allowed a further opportunity to amend the cross-claim. Parties to be heard as to time for filing of proposed cross-claim and directions in respect of pleadings. No order as to costs, save as to usual order that cross-claimants pay costs thrown away by proposed amendments. Catchwords: PROCEDURE - application for leave to file further amended cross-claim - strike-out application in respect of amended cross-claim - where leave was previously refused to file amended cross-claim in previous form - where leave was granted for amendments to be made to cross-claim - whether pleadings state with sufficient clarity the case that must be met - whether pleadings have a tendency to cause embarrassment in the proceedings - whether pleadings facilitate the just, quick and cheap resolution of real issues in proceedings. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 56(1), 58(1), 58(2), 59 - Civil Procedure Act 2010 (VIC) s 24 - Corporations Act 2001 (Cth) ss 125, 126 - Uniform Civil Procedure Rules 2005 (NSW) rr 14.28, 15.3, 15.4 Cases Cited: - Addenbrooke v Duncan (No 2) [2013] FCA 820 - ANZ Banking Group Ltd v Intagro Projects Pty Ltd [2004] NSWSC 1054 - Barnes v Addy (1874) LR 9 Ch App 244 - Commissioner of Taxation v Bargwanna [2012] HCA 11; (2012) 244 CLR 655 - Expense Reduction Analyst Group Pty Ltd v Armstrong Strategic Managing and Marketing Pty Ltd [2013] HCA 46 - Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; (2007) 230 CLR 89 - Fortescue Metals Group Ltd v Australian Securities and Investments Commission [2012] HCA 39; (2012) 247 CLR 486 - Gunns Ltd v Marr [2005] VSC 251 - Hillig v Darkinjung Pty Ltd [2007] NSWSC 683 - McGuirk v University of New South Wales [2009] NSWSC 1424 - Northam v Favelle Favco Holdings Pty Ltd (Supreme Court (NSW), Bryson J, 7 March 1995, unrep) - Roadshow Films Pty Ltd v iiNet Ltd [2012] HCA 16; (2012) 248 CLR 42 - Shelton v National Roads & Motorists Assn Ltd [2004] FCA 1393; (2004) 51 ACSR 27 - Yara Australia Pty Ltd v Oswal [2013] VSCA 337 Category: Interlocutory applications 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 Construction 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) Homeline Building Pty Limited (Proposed Ninth Cross-Defendant) Representation: D A Smallbone (Defendants/First and Second Cross-Claimants) L Iacullo (in person) (Plaintiff/First and Second Cross-Defendants) F G Lever SC (Third, Fourth, Fifth, Sixth, Seventh and Eighth Cross-Defendants) J T Svehla (Proposed Ninth Cross-Defendant) Allsop Glover (Defendants/Cross-Claimants) L Iacullo (in person) (Plaintiffs/First and Second Cross-Defendants) Carroll & O'Dea (Third, Fourth, Fifth, Sixth, Seventh and Eighth Cross-Defendants) Rowan Solicitors (Proposed Ninth Cross-Defendant) File Number(s): 07/257623