Marino (a pseudonym) v Bello (a pseudonym)

The case of *Marino (a pseudonym) v Bello (a pseudonym)* concerned an appeal heard in the Court of Appeal of New South Wales. The dispute involved allegations of abuse of process, with the applicant seeking leave to appeal against decisions made by the primary court.

The central legal issues before the Court of Appeal were whether a person who had instigated, though not formally commenced, legal proceedings could be held liable for the tort of abuse of process, and whether the primary court had erred in refusing leave to replead certain claims against the first and second respondents, potentially in breach of sections 56-59 of the *Civil Procedure Act 2005* (NSW).

The Court of Appeal granted an extension of time for the applicant to file and serve documents related to their appeal. Leave to appeal was granted concerning claims against the first and second respondents on specific grounds relating to the alleged abuse of process and a breach of procedural fairness in the refusal to grant leave to replead. However, the application for leave to appeal was otherwise dismissed, and the applicant was ordered to pay the costs of the third to fifth and sixth respondents.