Pizzino v Caratti (No 2) [2024] FCA 1236

Pizzino v Caratti (No 2) [2024] FCA 1236

The applicant's application for discovery and adjournment was refused due to lack of supporting material and previous disclosures; only unopposed procedural orders were permitted.

Parties
First Applicant: Alberto Pizzino; Second Applicant: Maria McKenna; Third Applicant: Rosa Tricoli; Fourth Applicant: Gina Travaglini; Respondent: Allen Bruce Caratti
Jurisdiction
Australia
Judgment Date
22 October 2024
Procedural Posture
Interlocutory Application / Ruling on Applicant's Interlocutory Application
Outcome
Application dismissed
Legal Topics
Commercial Contracts, Banking, Finance and Insurance
Commercial and Corporations Commercial Contracts Banking Finance and Insurance

Case Brief

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Parties

Alberto Pizzino

First Applicant

Maria McKenna

Second Applicant

Rosa Tricoli

Third Applicant

Gina Travaglini

Fourth Applicant

Allen Bruce Caratti

Respondent

Procedural Posture

Interlocutory Application / Ruling on Applicant's Interlocutory Application

Legal Issues

  1. 1 Whether applicant should be permitted to amend further amended statement of claim
  2. 2 Whether adjournment of respondent's interlocutory application should be granted
  3. 3 Whether discovery of trust deed and tax returns should be ordered

Ratio Decidendi

The applicant's application for discovery and adjournment was refused due to lack of supporting material and previous disclosures; only unopposed procedural orders were permitted.

Court Disposition

Application dismissed

Orders

  • The applicant's interlocutory application dated 21 October 2024 be dismissed.