Luigi Iacullo v Dominic Iacullo and Lillian Iacullo (No 2) [2012] NSWSC 272

Luigi Iacullo v Dominic Iacullo and Lillian Iacullo (No 2) [2012] NSWSC 272

Luigi was not permitted to raise a new challenge to Dominic and Lillian's entitlement to reimbursement of interest in submissions on the form of orders because that issue could and should have been raised at the hearing. The dispute as to the methodology for calculating interest was also not in issue at the hearing and should be resolved by the parties or determined by the Trustees. The Court therefore made consequential orders adopting the Trustees' report with a variation concerning interest on the Vincentia loan and made costs orders reflecting the outcome.

Jurisdiction
Australia
Judgment Date
26 March 2012
Procedural Posture
Interlocutory Applications / Orders Consequential Upon Judgment and Costs
Outcome
Plaintiff's motion dismissed; Plaintiff's points of claim dismissed; Trustees' report adopted with variation; funds ordered to be disbursed; costs ordered as between the parties; liberty to apply reserved.
Legal Topics
['consequential Orders' 'reopening After Judgment' 'trustees for Sale' 'taking of Accounts' 'costs Orders' 'conveyancing Act S 66 G']
['equity' 'civil Procedure' 'costs' 'property Law'] ['consequential Orders' 'reopening After Judgment' 'trustees for Sale' 'taking of Accounts' 'costs Orders' 'conveyancing Act S 66 G']

Case Brief

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Procedural Posture

Interlocutory Applications / Orders Consequential Upon Judgment and Costs

Legal Issues

  1. 1 ["Whether Luigi should be permitted, in submissions as to the form of orders, to raise a new challenge to Dominic and Lillian's entitlement to reimbursement of interest after 1 May 2010." 'Whether the Court should quantify the interest payable or leave the calculation to agreement between the parties or determination by the Trustees.' 'What orders should be made consequential upon the judgment delivered on 7 March 2012, including costs and disbursement of funds held by the Trustees.']

Ratio Decidendi

Luigi was not permitted to raise a new challenge to Dominic and Lillian's entitlement to reimbursement of interest in submissions on the form of orders because that issue could and should have been raised at the hearing. The dispute as to the methodology for calculating interest was also not in issue at the hearing and should be resolved by the parties or determined by the Trustees. The Court therefore made consequential orders adopting the Trustees' report with a variation concerning interest on the Vincentia loan and made costs orders reflecting the outcome.

Court Disposition

Plaintiff's motion dismissed; Plaintiff's points of claim dismissed; Trustees' report adopted with variation; funds ordered to be disbursed; costs ordered as between the parties; liberty to apply reserved.

Orders

  • ["The Plaintiff's motion filed 21 October 2010 be dismissed." "The claim in the Plaintiff's Points of Claim filed 14 April 2010 be dismissed." "Pursuant to UCPR r 20.23, the letters from the Trustees appointed to take accounts under the order of 4 August 2009 dated 5 November 2009 to the Plaintiff, 5 November 2009...