Gaetani v Schiliro [2018] NSWSC 1279

Supreme Court New South Wales

Medium Neutral Citation: Gaetani v Schiliro [2018] NSWSC 1279 Hearing dates: 9 March and 17 April 2018 Date of orders: 17 August 2018 Decision date: 17 August 2018 Jurisdiction: Common Law Before: Walton J Decision: The Court makes the following directions:

(1) The defendant shall file and serve written submissions with respect to costs within 14 days of the publication of this decision; and

(2) The plaintiffs shall file and serve written submissions with respect to the same within 14 days of receipt of the submissions referred to in (1).

(3) The matter may be listed for further oral submissions upon application by either party in their written submissions filed in accordance with these directions or if that course is considered appropriate by the Court.

(4) In the absence of an application pursuant to (3), the issue of costs will be determined upon the written submissions and without further oral submissions before the Court. Catchwords: PRACTICE & PROCEDURE – disposition of appeal proceedings – whether the proceedings before the Supreme Court should be determined conclusively by the making of consent orders – whether the proceedings should proceed in the Equity Division of the Supreme Court – the appropriate course is to treat the existing proceedings constituting an appeal from the NSW Civil and Administrative Tribunal as spent – question of costs – directions Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Category: Procedural and other rulings Parties: Gaetana Gaetani (First Plaintiff) Ysabell Schiliro (Second Plaintiff) Barbara Schiliro (Defendant) Representation: Counsel: M Condon SC (Plaintiff) J Whitfield (Defendant)