Luigi Iacullo v Remly Pty Limited ACN 106 966 278 [2015] NSWSC 2133

Luigi Iacullo v Remly Pty Limited ACN 106 966 278 [2015] NSWSC 2133

The late service of substantial affidavit and expert evidence by the cross-claimants prejudiced the cross-defendants’ readiness for hearing, justifying an adjournment, especially as the prejudice caused by the adjournment was minimal with further hearing dates available soon and conditions could be imposed to address related outstanding matters.

Parties
First Cross Claimant: Dominic Iacullo; Second Cross Claimant: Lillian Iacullo; First Cross Defendant: Luigi Iacullo; Second Cross Defendant: Badminton Investments Pty Ltd; Third Cross Defendant: IMS Developments Pty Ltd; Fourth Cross Defendant: Homeline Construction Pty Ltd; Fifth Cross Defendant: Michael Murr; Sixth Cross Defendant: Pacificon Pty Ltd; Seventh Cross Defendant: MMAI Pty Ltd; Eighth Cross Defendant: Glad Con Pty Ltd
Jurisdiction
Australia
Judgment Date
06 October 2015
Procedural Posture
Equity Cross Claim / Adjournment Application Before Final Hearing
Outcome
Hearing adjourned to 12 October 2015 with supplementary directions and mediation ordered.
Legal Topics
Adjournment of Hearing, Procedural Fairness, Late Service of Evidence, Legal Representation Conflict, Mediation
Civil Procedure Adjournment of Hearing Procedural Fairness Late Service of Evidence Legal Representation Conflict Mediation

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Parties

Dominic Iacullo

First Cross Claimant

Lillian Iacullo

Second Cross Claimant

Luigi Iacullo

First Cross Defendant

Badminton Investments Pty Ltd

Second Cross Defendant

IMS Developments Pty Ltd

Third Cross Defendant

Homeline Construction Pty Ltd

Fourth Cross Defendant

Michael Murr

Fifth Cross Defendant

Pacificon Pty Ltd

Sixth Cross Defendant

MMAI Pty Ltd

Seventh Cross Defendant

Glad Con Pty Ltd

Eighth Cross Defendant

Procedural Posture

Equity Cross Claim / Adjournment Application Before Final Hearing

Legal Issues

  1. 1 Whether the hearing should be adjourned due to non-readiness of cross-defendants resulting from alleged conflict of legal representation and late service of affidavit and expert evidence by cross-claimants
  2. 2 Whether late service of evidence prejudiced cross-defendants and justified adjournment

Ratio Decidendi

The late service of substantial affidavit and expert evidence by the cross-claimants prejudiced the cross-defendants’ readiness for hearing, justifying an adjournment, especially as the prejudice caused by the adjournment was minimal with further hearing dates available soon and conditions could be imposed to address related outstanding matters.

Court Disposition

Hearing adjourned to 12 October 2015 with supplementary directions and mediation ordered.

Orders

  • Commencement of final hearing adjourned to Monday, 12 October 2015, for two weeks, concluding on Friday 23 October 2015, with further dates of 2, 3 and 4 November 2015 reserved.
  • Time for service of the affidavit of Dominic Iacullo of 21 September 2015 extended to 21 September 2015.