ALFARO v MONTI [1998] NSWCA 10

ALFARO v MONTI [1998] NSWCA 10

The summons for leave to appeal did not raise any proper basis for appeal and merely repeated allegations regarding the process; leave to appeal was accordingly refused.

Parties
Applicant: Pedro Alfaro; Applicant: Sylvia Alfaro; First and Second Defendants: Smith Monti & Costa, Solicitors; Defendant: Mr Meehan; Defendant: Cecil Nieve Giandinoto; Defendant: Sonia Giandinoto
Jurisdiction
Australia
Judgment Date
09 March 1998
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal and Related Motions to Strike Out
Outcome
Leave to appeal refused; notices of appeal struck out; costs awarded against the applicants; order that no further documents be filed without leave of a judge.

Case Brief

Summary, issues, holding and outcome

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Parties

Pedro Alfaro

Applicant

Sylvia Alfaro

Applicant

Smith Monti & Costa, Solicitors

First and Second Defendants

Mr Meehan

Defendant

Cecil Nieve Giandinoto

Defendant

Sonia Giandinoto

Defendant

Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal and Related Motions to Strike Out

Legal Issues

  1. 1 Whether leave to appeal should be granted from the decision striking out the second further amended statement of claim
  2. 2 Whether there was a denial of natural justice due to not questioning the defendants about allegations in the statement of claim

Ratio Decidendi

The summons for leave to appeal did not raise any proper basis for appeal and merely repeated allegations regarding the process; leave to appeal was accordingly refused.

Court Disposition

Leave to appeal refused; notices of appeal struck out; costs awarded against the applicants; order that no further documents be filed without leave of a judge.

Orders

  • Notice of appeal without appointment struck out with costs.
  • Summons for leave to appeal dismissed with costs.