Reliance Financial Services v Criniti & Ors [2006] NSWSC 715

Reliance Financial Services v Criniti & Ors [2006] NSWSC 715

On balance, justice does not demand that the plaintiff's proceedings be dismissed, having regard to difficulties with obtaining the file and instructions from the former director.

Parties
Plaintiff: Reliance Financial Services Pty Ltd; 1st Defendant: Francesco Criniti; 2nd Defendant: Caterina Criniti; 3rd Defendant: Josephine Romano
Jurisdiction
Australia
Judgment Date
14 July 2006
Procedural Posture
Civil / Motion for Summary Dismissal
Outcome
Plaintiff ordered to serve affidavits by 31 July 2006 and to pay defendants' costs. Matter stood over to Registrar.
Legal Topics
Summary Termination, Failure to Comply With Court Orders, Evidence
Civil Procedure Summary Termination Failure to Comply With Court Orders Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Reliance Financial Services Pty Ltd

Plaintiff

Francesco Criniti

1st Defendant

Caterina Criniti

2nd Defendant

Josephine Romano

3rd Defendant

Procedural Posture

Civil / Motion for Summary Dismissal

Legal Issues

  1. 1 Whether proceedings should be dismissed for failure to comply with Registrar's orders to serve additional evidence

Ratio Decidendi

On balance, justice does not demand that the plaintiff's proceedings be dismissed, having regard to difficulties with obtaining the file and instructions from the former director.

Court Disposition

Plaintiff ordered to serve affidavits by 31 July 2006 and to pay defendants' costs. Matter stood over to Registrar.

Orders

  • The plaintiff is ordered to serve affidavits by 31 July 2006.
  • The plaintiff is ordered to pay the defendants' costs of today's hearing.