Mendicino and Mendicino and Ors (No 4)
Case
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[2015] FamCA 485
•19 June 2015
Details
AGLC
Case
Decision Date
Mendicino and Mendicino and Ors (No 4) [2015] FamCA 485
[2015] FamCA 485
19 June 2015
CaseChat Overview and Summary
In *Mendicino and Mendicino and Ors (No 4)*, Kent J of the Federal Court of Australia considered an application by the Fourth Respondent concerning proceedings between the parties. The specific nature of the underlying dispute between the parties is not detailed in the provided text, but the application before the court related to procedural matters.
The primary legal issues before the court were whether to grant leave to the Fourth Respondent to have his Application in a Case, filed on 18 June 2015, heard on the day of the current proceedings, and whether to grant leave for the Fourth Respondent to rely upon his Amended Defence filed on 11 June 2015.
Kent J granted leave for both the hearing of the Fourth Respondent's application and for the Amended Defence to be relied upon. The court also ordered that the costs of and incidental to the Fourth Respondent's application be reserved to the trial of the proceedings, indicating that a final determination on costs would be made at a later stage.
The primary legal issues before the court were whether to grant leave to the Fourth Respondent to have his Application in a Case, filed on 18 June 2015, heard on the day of the current proceedings, and whether to grant leave for the Fourth Respondent to rely upon his Amended Defence filed on 11 June 2015.
Kent J granted leave for both the hearing of the Fourth Respondent's application and for the Amended Defence to be relied upon. The court also ordered that the costs of and incidental to the Fourth Respondent's application be reserved to the trial of the proceedings, indicating that a final determination on costs would be made at a later stage.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Procedural Fairness
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Most Recent Citation
Karimi & Shah [2022] FedCFamC1F 741
Cases Citing This Decision
2
Malallis & Malallis (No 2)
[2022] FedCFamC1F 935
Karimi & Shah
[2022] FedCFamC1F 741
Cases Cited
9
Statutory Material Cited
1
Hill End Gold Ltd v First Tiffany Resource Corp
[2008] NSWSC 866
SLE Worldwide Australia Pty Ltd v Wyatt Gallagher Bassett Pty Ltd
[2005] NSWSC 816
Maile v Rafiq
[2005] NSWCA 410