Astorino v Lufi [2014] NSWSC 1577

Astorino v Lufi [2014] NSWSC 1577

The second Plaintiff failed to comply with procedural requirements, did not file supporting evidence, did not appear or engage with the court, and showed no intent to prosecute the claim. In light of the authorities and the overriding purpose of the Civil Procedure Act, the proceedings were dismissed for want of due despatch.

Parties
First Plaintiff: Francesco Astorino; Second Plaintiff: Felice Astorino; Third Plaintiff: Maria Astorino; First Defendant: Peter Lufi; Second Defendant: Felice Astorino
Jurisdiction
Australia
Judgment Date
06 November 2014
Procedural Posture
Family Provision Application / Summary Dismissal on Motion
Outcome
Proceedings by the second Plaintiff dismissed for want of due despatch; no order as to costs for either the Defendants or the second Plaintiff.
Legal Topics
Family Provision, Dismissal for Want of Due Despatch, Costs in Succession Matters
Succession Law Civil Procedure Family Provision Dismissal for Want of Due Despatch Costs in Succession Matters

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Francesco Astorino

First Plaintiff

Felice Astorino

Second Plaintiff

Maria Astorino

Third Plaintiff

Peter Lufi

First Defendant

Felice Astorino

Second Defendant

Procedural Posture

Family Provision Application / Summary Dismissal on Motion

Legal Issues

  1. 1 Whether the proceedings brought by the second Plaintiff should be dismissed for want of due despatch under UCPR r 12.7.

Ratio Decidendi

The second Plaintiff failed to comply with procedural requirements, did not file supporting evidence, did not appear or engage with the court, and showed no intent to prosecute the claim. In light of the authorities and the overriding purpose of the Civil Procedure Act, the proceedings were dismissed for want of due despatch.

Court Disposition

Proceedings by the second Plaintiff dismissed for want of due despatch; no order as to costs for either the Defendants or the second Plaintiff.

Orders

  • Proceedings by the second Plaintiff for a family provision order are dismissed.
  • No order as to costs is made for the Defendants or the second Plaintiff, each will bear their own costs.