Liprini v Liprini

[2010] NSWCA 126

NEW SOUTH WALES COURT OF APPEAL

CITATION:
Liprini v Liprini [2010] NSWCA 126

FILE NUMBER(S):
2007/266109

HEARING DATE(S):
24 May 2010

JUDGMENT DATE:
24 May 2010

EX TEMPORE DATE:
24 May 2010

PARTIES:
Dr Allan Stephen Liprini (Appellant)
Kevin Liprini (Respondent)

JUDGMENT OF:
Allsop P      

LOWER COURT JURISDICTION:
Supreme Court - Equity Division

LOWER COURT FILE NUMBER(S):
2008/2468

LOWER COURT JUDICIAL OFFICER:
Nicholas J

LOWER COURT DATE OF DECISION:
10 July 2009

COUNSEL:
In Person (Appellant)
Mr M Lawson (Respondent)

SOLICITORS:
In Person (Appellant)
Redmond Hale Simpson (Respondent)

CATCHWORDS:

LEGISLATION CITED:
Uniform Civil Procedure Rules, r 13.4

CATEGORY:
Principal judgment

CASES CITED:

TEXTS CITED:

DECISION:
Appeal dismissed with costs.  Orders to be entered forthwith.

JUDGMENT:

IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

2007/266109

ALLSOP P

Monday 24 May 2010

DR ALLAN STEPHEN LIPRINI v KEVIN LIPRINI

Judgment

1. ALLSOP P:  This is a notice of motion dated 6 May 2010 filed on 7 May 2010 seeking the dismissal of the appellant’s notice of appeal filed on 8 October 2009.

2. There has been filed in the registry a document entitled "Amended Grounds of Appeal".  That document was filed on 17 May 2010 and is to be taken for the purposes of the motion as a part of the notice of appeal.

3. The matter arises directly out of two judgments of Nicholas J in the Equity Division, both of 10 July.  Both were extempore reasons.  The judgments concerned the attempted enforcement by the respondent to the appeal and the applicant to the motion, Mr Kevin Liprini, of consent orders made after a mediation in a matter concerning the estate of Mr Kevin Liprini’s and Dr Alan Liprini's father.  The orders that Nicholas J made are annexure C to the affidavit of Michael John Sommerville and are as follows:

   1.A declaration that on its true construction the effect of the orders made on 6 December 2007 that the sums for payment therein would be payable:

   (a)          From the estate of the late James Natali Liprini; and

   (b)          From the estate of the late Anne Mary Liprini,

   and that the Defendant would be personally liable for the payment of those sums to the Plaintiff;

   2.An order under Rule 54.3 of the Uniform Civil Procedure Rules that the Defendant pay to the Plaintiff the sum of $770,000.00;

   3.An order that interest be paid by the Defendant to the Plailntiff from 3 January 2008 to date at the rate prescribed by section 84A of the Probate and Administration Act 1898 (NSW) in the sum of $67,500.00;

   4.An order that the Defendant pay the Plaintiff’s costs of these proceedings (such costs not to include the costs of preparation for all alternative grounds for relief as set out at paragraphs 3, 4 and 5 of the Summons filed herein) on a party and party basis;

   5.Each party to pay their own costs of preparation for all alternative grounds for relief as set out at paragraphs 3, 4 and 5 of the Summons filed herein;

   6.…