Dominic Iacullo and Lillian Iacullo v Luigi Iacullo & Ors (No 3) [2012] NSWSC 274

Dominic Iacullo and Lillian Iacullo v Luigi Iacullo & Ors (No 3) [2012] NSWSC 274

The application to terminate the reference is dismissed as the process adopted by the referee is likely to narrow the issues in dispute and remains useful; amending the reference order to clarify the referee’s task is warranted. Costs of the motion are to be costs in the cause of the Cross-Claim.

Jurisdiction
Australia
Judgment Date
26 March 2012
Procedural Posture
Equity Division Matter With Cross Claim and Reference to Referee / Interlocutory Motion Concerning Continuation/amendment of Reference to Referee
Outcome
Reference to the referee to continue; reference order to be amended; parties to be heard as to wording of amendment; costs in the cause.
Legal Topics
['reference to Referee' 'accounting in Trusts' 'interlocutory Orders' 'costs of Motions']
['equity' 'civil Procedure'] ['reference to Referee' 'accounting in Trusts' 'interlocutory Orders' 'costs of Motions']

Case Brief

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Procedural Posture

Equity Division Matter With Cross Claim and Reference to Referee / Interlocutory Motion Concerning Continuation/amendment of Reference to Referee

Legal Issues

  1. 1 ["Whether reference to referee under Pt 20 r 14 of Uniform Civil Procedure Rules 2005 (NSW) should be terminated at Cross-Claimants' motion" 'Whether the reference process has utility or will narrow issues in dispute' 'Whether the referee’s approach is appropriate given documentary evidence concerns' 'Whether amendment of the reference order is appropriate']

Ratio Decidendi

The application to terminate the reference is dismissed as the process adopted by the referee is likely to narrow the issues in dispute and remains useful; amending the reference order to clarify the referee’s task is warranted. Costs of the motion are to be costs in the cause of the Cross-Claim.

Court Disposition

Reference to the referee to continue; reference order to be amended; parties to be heard as to wording of amendment; costs in the cause.

Orders

  • ['Reference to referee to continue.' 'Order of 14 June 2011 to be amended by insertion of new paragraph 1A (form of which to be settled after further submissions).' 'Costs of the motion to be costs in the cause of the Cross-Claim.']