Dominic Iacullo and Lillian Iacullo v Luigi Iacullo & Ors [2013] NSWSC 1517

Dominic Iacullo and Lillian Iacullo v Luigi Iacullo & Ors [2013] NSWSC 1517

The referee's report was adopted in full as reflecting a thorough and analytical statement of trust accounts within the terms of reference, without determining the legal validity of transactions; parties are not prevented from raising legal issues outside the reference. Specified paragraphs of the Amended Cross-Claim were struck out for being embarrassing, deficient, or lacking material fact, and leave to file a Further Amended Cross-Claim in present form was declined as it would not facilitate just, quick and cheap resolution of the dispute.

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
18 October 2013
Procedural Posture
Interlocutory Applications / Ruling on Adoption of Referee's Report and Pleadings Applications
Outcome
Referee's report adopted in full. Specified paragraphs of Amended Cross-Claim struck out. Leave to file Further Amended Cross-Claim declined in current form. Parties to be heard on further directions and costs.
Legal Topics
Reference to Referee, Adoption of Referee's Report, Pleading Requirements, Trusts, Strike Out of Pleadings
Equity Civil Procedure Reference to Referee Adoption of Referee's Report Pleading Requirements Trusts Strike Out of Pleadings

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 Applications / Ruling on Adoption of Referee's Report and Pleadings Applications

Legal Issues

  1. 1 Whether the referee's report on trust accounts should be adopted in full
  2. 2 Whether the Amended Cross-Claim should be struck out in part
  3. 3 Whether leave should be granted to file a Further Amended Cross-Claim in its present form

Ratio Decidendi

The referee's report was adopted in full as reflecting a thorough and analytical statement of trust accounts within the terms of reference, without determining the legal validity of transactions; parties are not prevented from raising legal issues outside the reference. Specified paragraphs of the Amended Cross-Claim were struck out for being embarrassing, deficient, or lacking material fact, and leave to file a Further Amended Cross-Claim in present form was declined as it would not facilitate just, quick and cheap resolution of the dispute.

Court Disposition

Referee's report adopted in full. Specified paragraphs of Amended Cross-Claim struck out. Leave to file Further Amended Cross-Claim declined in current form. Parties to be heard on further directions and costs.

Orders

  • The referee's report is adopted in full by the Court.
  • Specified paragraphs of the Amended Cross-Claim to be struck out; leave to file Further Amended Cross-Claim in present form declined.