Cavasinni v Cavasinni (No 2) [2007] NSWSC 957

Cavasinni v Cavasinni (No 2) [2007] NSWSC 957

The proper approach is for the trial judge to adjust the orders before entry, especially where statutory provisions and the small amount involved warrant reconsideration; Frank must account for the proceeds of the old red house and the costs order should reflect the actual accounting outcome.

Jurisdiction
Australia
Judgment Date
22 August 2007
Procedural Posture
Equity Dispute / Post Judgment Adjustment Prior to Entry of Orders
Outcome
Orders adjusted prior to entry; accounting and costs orders amended.
Legal Topics
['amending Orders' 'costs Adjustment' 'accounting Between Parties']
['procedure'] ['amending Orders' 'costs Adjustment' 'accounting Between Parties']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Dispute / Post Judgment Adjustment Prior to Entry of Orders

Legal Issues

  1. 1 ['Whether orders previously reasoned should be amended prior to entry' "Proper treatment of sale proceeds of the 'old red house'" 'Proper costs order between parties']

Ratio Decidendi

The proper approach is for the trial judge to adjust the orders before entry, especially where statutory provisions and the small amount involved warrant reconsideration; Frank must account for the proceeds of the old red house and the costs order should reflect the actual accounting outcome.

Court Disposition

Orders adjusted prior to entry; accounting and costs orders amended.

Orders

  • ['Frank must account for the proceeds of the old red house.' 'Costs: Mick and Frank between them pay half the costs of proceedings, Fred pays the other half.' "Final orders per short minutes attached to Mr Carnovale's submissions."]