Caratti v Caratti [No 3]

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JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION:   CARATTI -v- CARATTI [No 3] [2014] WASC 246

CORAM:   ALLANSON J

HEARD:   16 APRIL 2014

DELIVERED          :   11 JULY 2014

FILE NO/S:   CIV 2006 of 2008

BETWEEN:   JOHN MICHAEL CARATTI

Plaintiff

AND

ALLEN BRUCE CARATTI
First Defendant

TINA MICHELLE BAZZO
Second Defendant

KARENE MARIE THOMSON
Fourth Defendant

LYONS ROAD LAND COMPANY PTY LTD
Fifth Defendant

ANKETELL LAND COMPANY PTY LTD
Sixth Defendant

GUCCE HOLDINGS PTY LTD
Seventh Defendant

GUCCE DEVELOPMENTS PTY LTD
Eighth Defendant

MARCIA NATALIE SPARGO
Ninth Defendant

DAWNLINK PTY LTD
Tenth Defendant

NICOLE MADLEINE CARATTI
Eleventh Defendant

MADDELEINE CARATTI
Twelfth Defendant

ALISHA BETH CARATTI
Thirteenth Defendant

JOSEPHINE LYNETTE BAZZO
Fifteenth Defendant

PAUL JOHN MANSUTTI
Sixteenth Defendant

ANKETELL LAND HOLDINGS COMPANY PTY LTD
Seventeenth Defendant

BERNGUARD DEVELOPMENTS PTY LTD
Eighteenth Defendant

DONCASTER ASSET PTY LTD
Nineteenth Defendant

MAMMOTH NOMINEES PTY LTD
Twentieth Defendant

MORTIMER LAND COMPANY PTY LTD
Twenty-first Defendant

NEWHOME NOMINEES PTY LTD
Twenty-second Defendant

OAKFORD LAND COMPANY PTY LTD
Twenty-third Defendant

STARBRAKE HOLDINGS PTY LTD

Twenty-fourth Defendant

STARBRAKE PTY LTD
Twenty-fifth Defendant

SUNLAND ASSET PTY LTD
Twenty-sixth Defendant

TREVALLEY INVESTMENTS PTY LTD
Twenty-seventh Defendant

TURNBERRY NOMINEES PTY LTD
Twenty-eighth Defendant

WEDGEPOINT PTY LTD
Twenty-ninth Defendant

WESTSWAN LAND COMPANY PTY LTD
Thirtieth Defendant

CAMDALE NOMINEES PTY LTD
Thirty-first defendant

MOONDANCER HOLDINGS PTY LTD
Thirty-second Defendant

ODD BALLS (WA) PTY LTD
Thirty-third defendant

MAMMOTH FINANCE PTY LTD
Thirty-fourth Defendant

WESTRALIA PROPERTY HOLDINGS PTY LTD
Thirty-fifth Defendant

109 ST GEORGES TERRACE PTY LTD
Thirty-sixth Defendant

1110 HAY PTY LTD
Thirty-seventh Defendant

GEORGE 218 PTY LTD
Thirty-eighth Defendant

GOLDTUNE INVESTMENTS PTY LTD
Thirty-ninth Defendant

MONTVISTA PTY LTD
Fortieth Defendant

GREAT NORTHERN LAND COMPANY PTY LTD
Forty-first Defendant

BELLAGE PTY LTD
Forty-second Defendant

BLUEBEACH HOLDINGS PTY LTD
Forty-third Defendant

ANKETELL FARMS PTY LTD
Forty-fourth Defendant

WESTEND ASSET PTY LTD
Forty-fifth Defendant

MOSHEE PTY LTD
Forty-sixth Defendant

GUCCE RANFORD ROAD PTY LTD
Forty-seventh Defendant

GUNAROO INVESTMENTS PTY LTD
Forty-eighth Defendant

PARKDALE ASSET PTY LTD
Forty-ninth Defendant

STARSKY PTY LTD
Fiftieth Defendant

89 BURSWOOD ROAD PTY LTD
Fifty-first Defendant

NICHE GROUP (WA) PTY LTD
Fifty-second Defendant

OCEAN KEYS (WA) PTY LTD
Fifty-third Defendant

PARLIAMENT PLACE PTY LTD
Fifty-fourth Defendant

PRADA PTY LTD
Fifth-fifth Defendant

HERDSMAN TECHNOLOGY LIMITED
Fifty-sixth Defendant

WHITBY LAND COMPANY PTY LTD
Fifty-seventh Defendant

HUSKER HOLDINGS PTY LTD
Fifty-eighth Defendant

DELTA ACE PTY LTD
Fifty-ninth Defendant

SUCCESS ASSET PTY LTD
Sixtieth Defendant

CHRISTINA MARCIA CARATTI
Sixty-first Defendant

NATALIE ROCHELLE CARATTI
Sixty-second Defendant

BENJAMIN MICK CARATTI
Sixty-third Defendant

OPAL NIGHT PTY LTD
Sixty-fourth Defendant

RICH NIGHT PTY LTD
Sixty-fifth Defendant

130 FAUNTLEROY AVENUE (WA) PTY LTD
Sixty-sixth Defendant

YANCHEP INVESTMENTS PTY LTD
Sixty-seventh Defendant

TAAC PTY LTD
Sixty-eighth Defendant

TIMEDRIFT (WA) PTY LTD
Sixty-ninth Defendant

MICHAEL NEAL CARATTI
Seventieth Defendant

AARON GRANT CARATTI
Seventy-first Defendant

REBECCA ANNE CARATTI
Seventy-second Defendant

NATHAN JOHN CARATTI
Seventy-third Defendant

Catchwords:

Practice and procedure - Application by defendants for dismissal of partnership claim allegations - Whether abuse of process - Improper purpose for asserting facts

Practice and procedure - Alternative application for trial of a preliminary issue -…

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Details
Case
[2014] WASC 246
Decision Date

CaseChat Overview and Summary

The parties to the case are Caratti and Caratti. The nature of the dispute is an application by the defendants for the dismissal of partnership claim allegations, as well as an alternative application for the trial of a preliminary issue. The court involved is an Australian court. The legal issues that the court was required to decide are whether the partnership claim allegations are an abuse of process, and whether the assertion of these facts was for an improper purpose. Additionally, the court considered whether there was a saving in time or cost in separating the issues.

The court's reasoning and outcome were that the partnership claim allegations were not an abuse of process, and the assertion of these facts was not for an improper purpose. The court found that the separation of issues was not possible, and there was no saving in time or cost in doing so. Therefore, the application for the dismissal of the partnership claim allegations was dismissed, and the alternative application for the trial of a preliminary issue was not pursued further. The court's decision was based on the principle that the separation of issues is not always necessary or beneficial, and that the partnership claim allegations were relevant to the overall dispute between the parties.

The final orders of the court were that the application for the dismissal of the partnership claim allegations was dismissed, and that the alternative application for the trial of a preliminary issue was not pursued further. The court's decision was based on the principle that the separation of issues is not always necessary or beneficial, and that the partnership claim allegations were relevant to the overall dispute between the parties. The court's decision was also based on the principle that the assertion of facts was not for an improper purpose, and that the partnership claim allegations were not an abuse of process. The court's decision was a significant one, as it clarified the legal principles surrounding the separation of issues and the assertion of facts in partnership disputes.

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Background to the litigation

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Evidence Before The Court

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