Cardaci v Filippo Primo Cardaci as Executor and Trustee of Marco Antonio Cardaci [No 4]

This case, heard in the Supreme Court of Western Australia, involved a motion by Mae Cardaci, the plaintiff, seeking the adoption of a report prepared by Registrar Nelson. The report detailed payments made from the assets of two trusts to cover the defendants' costs in the proceeding. The defendants, Filippo Primo Cardaci, Washburn Pty Ltd, Rectangular Pty Ltd, and Ongold Corporation Pty Ltd, did not oppose the plaintiff's motion. The central legal issue was whether the Court should adopt the Registrar's report, following a referral by Le Miere J under s 50 of the Supreme Court Act 1935 (WA). The Court considered the guiding principles for exercising its discretion, including the thoroughness and analytical approach of the report, and the lack of opposition from the defendants. The Court concluded that the report was well-reasoned and adopted it in full, issuing orders to that effect. The Court also made a procedural order to abridge the time for hearing the motion and did not order costs for the motion.