Iacullo v Hillam [2014] NSWSC 666

Iacullo v Hillam [2014] NSWSC 666

The evidence showed beyond doubt, through agreements, payments, emails, and affidavits, that the $200,000 loan was advanced to Mr Hillam by Mr and Mrs Iacullo, and the suggested defences were inconsistent with documentary and testimonial evidence. Summary judgment was warranted and costs awarded due to lack of genuine defence.

Parties
First Plaintiff: Dominic Iacullo; Second Plaintiff: Lillian Iacullo; Defendant: John Hillam
Jurisdiction
Australia
Judgment Date
22 May 2014
Procedural Posture
Commercial Claim / Summary Judgment Application
Outcome
Summary judgment granted for the plaintiffs for $200,000 with interest, costs awarded, matter stood over for calculation of interest and costs.
Legal Topics
Summary Judgment, Judgment on Admissions, Costs
Commercial Law Civil Procedure Summary Judgment Judgment on Admissions Costs

Case Brief

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Parties

Dominic Iacullo

First Plaintiff

Lillian Iacullo

Second Plaintiff

John Hillam

Defendant

Procedural Posture

Commercial Claim / Summary Judgment Application

Legal Issues

  1. 1 Whether summary judgment should be granted for the $200,000 loan claim
  2. 2 Whether defences raised by the defendant have any substance
  3. 3 Appropriate order as to costs for failed and successful applications

Ratio Decidendi

The evidence showed beyond doubt, through agreements, payments, emails, and affidavits, that the $200,000 loan was advanced to Mr Hillam by Mr and Mrs Iacullo, and the suggested defences were inconsistent with documentary and testimonial evidence. Summary judgment was warranted and costs awarded due to lack of genuine defence.

Court Disposition

Summary judgment granted for the plaintiffs for $200,000 with interest, costs awarded, matter stood over for calculation of interest and costs.

Orders

  • Judgment for plaintiffs against defendant for $200,000
  • Interest to be calculated and agreed by parties