Liprini v McIntyre [2016] NSWSC 1195

Supreme Court New South Wales

Medium Neutral Citation: Liprini v McIntyre [2016] NSWSC 1195 Hearing dates: On the papers Date of orders: 29 August 2016 Decision date: 29 August 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The orders made by Harrison J on 4 June 2015 are vacated and, in lieu thereof, an order that all issues raised in the pleadings be determined at a final hearing of the proceedings.

(2) The costs in respect of the notice of motion filed 20 April 2015 and the half day hearing on 3 July 2015 are reserved.

(3) The proceedings are listed for directions before the Registrar on 12 September 2016 at 9.00 am. Catchwords: COSTS – decision reserved pending High Court decision in Attwells v Jackson Lalic Lawyers Pty Ltd [2016] HCA 16 – orders consented to by parties – material filed will be relied on in final hearing – costs reserved Legislation Cited: Civil Procedure Act 2005 (NSW) Family Provision Act 1982 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Attwells v Jackson Lalic Lawyers Pty Ltd [2016] HCA 16; 331 ALR 1; 90 ALJR 572 Jackson Lalic Lawyers Pty Ltd v Attwells [2014] NSWCA 335 Kendirjian v Lepore [2015] NSWCA 132 Young v Hones [2014] NSWCA 337 Category: Procedural and other rulings Parties: Kevin Liprini (Plaintiff) John McIntyre (First Defendant) Sandra Hale (Second Defendant) Jeffrey O'Brien (Third Defendant) Danny Simpson (Fourth Defendant) Michael Sommerville (Fifth Defendant) Representation: Solicitors: ITC Law Pty Ltd (Plaintiff) Sparke Helmore Lawyers (Defendants) File Number(s): 2013/355003 Publication restriction: Nil