Pierno v Rixon [2016] NSWSC 297

Supreme Court New South Wales

Medium Neutral Citation: Pierno v Rixon [2016] NSWSC 297 Hearing dates: 30 August 2012 & 26 September 2012 Date of orders: 17 March 2016 Decision date: 17 March 2016 Jurisdiction: Common Law Before: Hidden J Decision: Some claims dismissed and leave to re-plead others. Catchwords: PRACTICE AND PROCEDURE – statement of claim containing various causes of action – application by defendants for summary dismissal Legislation Cited: Domestic and Family Violence Protection Act 1989 (Qld) Family Law Act 1975 Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Magill v Magill [2006] HCA 51, 226 CLR 551 Category: Principal judgment Parties: Jennifer Ruth Pierno (plaintiff) Cheralyn Marie Rixon (1st defendant) Leonie Anne Rixon (2nd defendant) Raffaele Pierno (3rd defendant) Representation: Counsel: In person (plaintiff) In person (1st defendant) In person (3rd defendant) File Number(s): 2010/288099

Judgment 1. HIS HONOUR: By a statement of claim of 30 August 2010 the plaintiff, Jennifer Ruth Pierno, instituted proceedings against three defendants. The third defendant, Raffaele Pierno, is her husband, from whom she has been separated for some years. The second defendant, Leonie Anne Rixon, is Raffaele Pierno's current partner. The first defendant, Cheralyn Marie Rixon, is Leonie Rixon's mother. It is convenient to refer to the defendants by their names. 2. None of the defendants has filed a defence to the statement of claim. Before me for decision are two motions. The plaintiff seeks orders that the defendants file any defence within 7 days and, if they do not, that she be at liberty to apply for judgment. The defendants have filed a motion seeking the summary dismissal of the statement of claim. The plaintiff is a solicitor, and she prepared the statement of claim and appeared at the hearing of the motion without legal representation. The defendants are also unrepresented. The three of them live together in Brisbane.