Astorino v Lufi [2014] NSWSC 1577

Supreme Court New South Wales

Medium Neutral Citation: Astorino v Lufi [2014] NSWSC 1577 Hearing dates: 6 November 2014 Decision date: 06 November 2014 Jurisdiction: Equity Division Before: Hallen J Decision: Orders that the proceedings by the second Plaintiff for a family provision order be dismissed. Makes no order at to the costs of the Defendants or the second Plaintiff to the intent that they, and he, respectively, will bear their, and his, own costs of the proceedings Catchwords: PRACTICE AND PROCEDURE - summary disposal - application for dismissal of second Plaintiff's proceedings for want of due despatch - No evidence filed in support of second Plaintiff's Summons - Dismissal of proceedings - UCPR r 12.7 Legislation Cited: Civil Procedure Act 2005 (NSW) Interpretation Act 1987 (NSW) Practice Note SC Eq 7 Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Reimers v Health Care Complaints Commission [2012] NSWCA 317 State of New South Wales v Plaintiff A [2012] NSWCA 248 Category: Procedural and other rulings Parties: Francesco Astorino (first Plaintiff) Felice Astorino (second Plaintiff) Maria Astorino (third Plaintiff) Peter Lufi (first Defendant) Felice Astorino (second Defendant) Representation: Counsel: Mr E White (Defendants) Solicitors: Lighthouse Law Group (Defendants) File Number(s): 2014/202110