Dominic Iacullo and Lillian Iacullo v Luigi Iacullo & Ors (No 4) [2012] NSWSC 331

Dominic Iacullo and Lillian Iacullo v Luigi Iacullo & Ors (No 4) [2012] NSWSC 331

The Court held it appropriate to amend the orders by inserting a new paragraph clarifying that the referee's report should be based on documents submitted to him and should identify unsupported entries, but rejected confining the inquiry solely to available documentary material so as not to unduly limit the referee's discretion.

Parties
Second Defendant/first Cross Claimant: Dominic Iacullo; Third Defendant/second Cross Claimant: Lillian Iacullo; Plaintiff/first Cross Defendant: Luigi Iacullo; Second Cross Defendant: Badminton Investments Pty Ltd; Third Cross Defendant: IMS Developments Pty Ltd; Fourth Cross Defendant: Homeline Constructions 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
05 April 2012
Procedural Posture
Interlocutory Application / Application to Amend Reference to Referee
Outcome
Orders amended to clarify reference to referee; costs in the cause of the Cross-Claim.
Legal Topics
Amendment of Reference to Referee, Court Orders, Referees' Inquiries
Practice and Procedure Amendment of Reference to Referee Court Orders Referees' Inquiries

Case Brief

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Parties

Dominic Iacullo

Second Defendant/first Cross Claimant

Lillian Iacullo

Third Defendant/second Cross Claimant

Luigi Iacullo

Plaintiff/first Cross Defendant

Badminton Investments Pty Ltd

Second Cross Defendant

IMS Developments Pty Ltd

Third Cross Defendant

Homeline Constructions 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

Interlocutory Application / Application to Amend Reference to Referee

Legal Issues

  1. 1 Whether the Court should amend the reference to referee by inserting a new paragraph into earlier orders
  2. 2 Appropriate wording and scope for the referee's inquiry and report

Ratio Decidendi

The Court held it appropriate to amend the orders by inserting a new paragraph clarifying that the referee's report should be based on documents submitted to him and should identify unsupported entries, but rejected confining the inquiry solely to available documentary material so as not to unduly limit the referee's discretion.

Court Disposition

Orders amended to clarify reference to referee; costs in the cause of the Cross-Claim.

Orders

  • The Order made by the Court on 14 June 2011 amended to insert new Order 1A as set out in the judgment.
  • Paragraphs 1-5 of the Schedule to the Order amended to replace 'an account be taken' with 'a report'.