Booth v Cerreto & Ors [2017] NSWSC 468

Supreme Court New South Wales

Medium Neutral Citation: Booth v Cerreto & Ors [2017] NSWSC 468 Hearing dates: 24 April 2017 Date of orders: 24 April 2017 Decision date: 24 April 2017 Jurisdiction: Equity Before: Slattery J Decision: Further directions given. Matter adjourned to 28 April 2017. Catchwords: PRACTICE AND PROCEDURE - dispute regarding joint venture agreement - slow progress in proceedings - procedural issues for resolution - proceedings not ready for hearing or mediation - stark divergence in evidence - possibility of fraud - whether additional party to be joined as defendant - expert evidence may be required - joint venture at a stalemate - equity in properties being eroded - Court requires practitioners familiar with details of the case to appear before the Court on each occasion so that overriding purpose in Civil Procedure Act s 56 can be achieved - possibility of Court appointing receiver flagged should no progress be made by parties Legislation Cited: Civil Procedure Act, s 56 Supreme Court Act 1970, s 67 Cases Cited: Tate v Barry (1928) 28 SR (NSW) 380 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th ed 2014, LexisNexis Butterworths) Category: Procedural and other rulings Parties: Plaintiff: Millie Booth Second Plaintiff: Grant William Booth Third Plaintiff: Maria Immaculata Dominello First Defendant: Norm Cerreto Second Defendant: Antonio Salerno Third Defendant: Arthur Street Facility Management Pty Limited Fourth Defendant: Arthur St Build Group Pty Limited Fifth Defendant: Australia and New Zealand Banking Group Limited Sixth Defendant: Westpac Banking Corporation Representation: Counsel: