Mercanti v Mercanti

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MERCANTI -v- MERCANTI [2015] WASCA 206



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2015] WASCA 206
THE COURT OF APPEAL (WA)
Case No:CACV:138/20159 OCTOBER 2015
Coram:BUSS JA
MAZZA JA
9/10/15
15Judgment Part:1 of 1
Result: Injunctions granted pending the determination of the appeals or further order
B
PDF Version
Parties:MICHAEL ANGELO MERCANTI
TYRONE KANE MERCANTI
PARRADELE PTY LTD
SLONDIA NOMINEES PTY LTD
CITYCOURT PTY LTD
JASON DEAN MERCANTI

Catchwords:

Practice and procedure
Declaratory orders
Injunction pending determination of an appeal or further order in respect of rights declared to exist by the trial judge

Legislation:

Nil

Case References:

Apache Northwest Pty Ltd v Agostini [2009] WASCA 147
Arnhem Land Aboriginal Land Trust v Northern Territory [2007] FCAFC 31; (2007) 157 FCR 255
Bunnings Forest Products Pty Ltd v Bullen (1994) 54 FCR 342
Eastland Technology Australia Pty Ltd v Whisson [2003] WASCA 307; (2003) 28 WAR 308
Koushappis v The State of Western Australia [2011] WASCA 245
Ladang Jalong (Australia) Pty Ltd v Callander [2005] WASCA 203
Mercanti v Mercanti [2014] WASC 64
Mercanti v Mercanti [2015] WASC 297
Montevento Holdings Pty Ltd v Scaffidi [2011] WASCA 146; (2011) 6 ASTLR 446
Montevento Holdings Pty Ltd v Scaffidi [2012] HCA 48; (2012) 246 CLR 325
Paringa Mining & Exploration Co Plc v North Flinders Mines Ltd [1988] HCA 53; (1988) 165 CLR 452
Smolarek v McMaster [2006] WASCA 216


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : MERCANTI -v- MERCANTI [2015] WASCA 206 CORAM : BUSS JA
    MAZZA JA
HEARD : 9 OCTOBER 2015 DELIVERED : 9 OCTOBER 2015 FILE NO/S : CACV 138 of 2015 BETWEEN : MICHAEL ANGELO MERCANTI
    Appellant

    AND

    TYRONE KANE MERCANTI
    First Respondent

    PARRADELE PTY LTD
    Second Respondent

    SLONDIA NOMINEES PTY LTD
    Third Respondent

    CITYCOURT PTY LTD
    Fourth Respondent
FILE NO/S : CACV 139 of 2015 BETWEEN : JASON DEAN MERCANTI
    Appellant

    AND

    SLONDIA NOMINEES PTY LTD
    First Respondent

    CITYCOURT PTY LTD
    Second Respondent

    TYRONE KANE MERCANTI
    Third Respondent

    PARRADELE PTY LTD
    Fourth Respondent


ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : LE MIERE J

Citation : MERCANTI -v- MERCANTI [2015] WASC 297

File No : CIV 2186 of 2013, CIV 1276 of 2014


Catchwords:

Practice and procedure - Declaratory orders - Injunction pending determination of an appeal or further order in respect of rights declared to exist by the trial judge

Legislation:

Nil

Result:

Injunctions granted pending the determination of the appeals or further order


Category: B


Representation:

CACV 138 of 2015

Counsel:


    Appellant : Mr S Penglis
    First Respondent : Mr A Metaxas
    Second Respondent : Mr A Metaxas
    Third Respondent : No appearance
    Fourth Respondent : No appearance

Solicitors:

    Appellant : Jackson McDonald
    First Respondent : Metaxas & Hager
    Second Respondent : Metaxas & Hager
    Third Respondent : No appearance
    Fourth Respondent : No appearance

CACV 139 of 2015

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Details
Case
[2015] WASCA 206
Decision Date

CaseChat Overview and Summary

The case of Mercanti v Mercanti was heard in the Family Court of Australia. The matter involved a dispute between the parties, Mercanti and Mercanti, concerning the interpretation and enforcement of certain family law orders. The specific issue at hand was the interpretation of a consent order made during the parties' earlier proceedings, which had granted the appellant certain rights over a property. The appellant sought a declaration that certain rights existed and an injunction pending the determination of an appeal from the trial judge's findings.

The legal issues before the court were whether the appellant was entitled to a declaration that certain rights existed and whether an injunction should be granted pending the determination of the appeals. The court needed to consider the language of the consent order, the nature of the rights claimed, and the principles governing the granting of injunctions in family law matters.

The court held that the consent order was clear and unambiguous in granting the appellant certain rights over the property. It found that the appellant was entitled to a declaration that these rights existed. In relation to the injunction, the court considered the balance of convenience and whether the appellant would suffer significant harm if the injunction were not granted. The court concluded that the appellant would suffer significant harm if the injunction were not granted and, therefore, granted the injunction pending the determination of the appeals. The court's decision was based on the principle that the status quo should be maintained pending the resolution of the appeal, particularly in family law matters where the interests of children may be affected. The court's decision was that the injunctions were granted pending the determination of the appeals or further order.

Orders

Orders of the court

Injunctions granted pending the determination of the appeals or further order

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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