Reliance Financial Services (NSW) Pty Ltd v Francesco Criniti & ors [2010] NSWSC 1517

Summary judgment was appropriate under Rule 13.1 due to repeated defaults by the defendants and absence of evidence supporting their defence or cross-claim.

Jurisdiction: Australia
Judgment Date: 09 December 2010
Procedural Posture: Civil / Application for Summary Judgment
Outcome: summary judgment for the plaintiff
Legal Topics: ['supreme Court Procedure' 'summary Disposal']

['procedure'] ['supreme Court Procedure' 'summary Disposal']

Case Brief

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Procedural Posture

Civil / Application for Summary Judgment

Legal Issues

1 ['Whether summary judgment should be granted against the defendants under Uniform Civil Procedure Rules 2005 r 13.1']

Ratio Decidendi

Summary judgment was appropriate under Rule 13.1 due to repeated defaults by the defendants and absence of evidence supporting their defence or cross-claim.

Court Disposition

summary judgment for the plaintiff

Orders

['The first, second and third defendants to pay the plaintiff $1,693,010.' 'The first defendant to pay the plaintiff $145,000.' 'Declaration that proceeds of sale of specified property, including $700,000 in the trust account of Agostino & Co and any accrued interest, are charged for payment to the plaintiff.'...