Liprini v Liprini

Case [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.…

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AGLC
Liprini v Liprini [2010] NSWCA 126
Case
[2010] NSWCA 126
Decision Date

CaseChat Overview and Summary

The Full Court of the Federal Court of Australia heard an appeal by Mr. Liprini against orders made by a single judge. The dispute concerned the enforcement of certain undertakings given by Mr. Liprini in previous proceedings.

The primary legal issue before the Full Court was whether Mr. Liprini had breached the undertakings he had provided, and if so, what consequences should follow. This involved an examination of the nature and scope of the undertakings and the conduct of Mr. Liprini in relation to them.

The Court considered the evidence presented and the relevant legal principles governing the enforcement of undertakings in court. It found that Mr. Liprini had indeed breached the undertakings. The Court dismissed the appeal, upholding the decision of the single judge. The appeal was dismissed with costs, and orders were to be entered forthwith.

Orders

Orders of the court

Appeal dismissed with costs. Orders to be entered forthwith.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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