Pizzino v Caratti (No 4)

FEDERAL COURT OF AUSTRALIA

Pizzino v Caratti (No 4) [2025] FCA 657

File number:

WAD 230 of 2023

Judgment of:

COLVIN J

Date of judgment:

18 June 2025

Catchwords:

PRACTICE AND PROCEDURE - where applicant failed to meet time for filing second further substituted statement of claim - where solicitors for applicant have ceased to act - where issues raised concerning physical and mental health of the applicant - consideration of circumstances in which litigation representative may be required to be appointed - orders made for any application to extend time to file second further substituted statement of claim to be made by specific date - case management hearing adjourned to a date at which respondent may move for orders dismissing proceedings if non-compliance

Cases cited:

AYZ v State of Western Australia (Department of Justice, Corrective Services) (No 2) [2022] FCA 1540

Drummond v Canberra Institute of Technology (No 3) [2022] FCAFC 169; (2022) 294 FCR 346

Neave v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1030

Pizzino v Caratti [2023] FCA 1624

Pizzino v Caratti (No 3) [2024] FCA 1278

Division:

General Division

Registry:

Western Australia

National Practice Area:

Commercial and Corporations

Sub-area:

Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs:

16

Date of hearing:

18 June 2025

Counsel for the Applicant:

The applicant did not appear

Counsel for the Respondent:

Mr CG Mofflin

Solicitor for the Respondent:

Alan Rumsley - Commercial Lawyer

ORDERS

WAD 230 of 2023

BETWEEN:

ALBERTO PIZZINO

Applicant

AND:

ALLEN BRUCE CARATTI

Respondent

ORDER MADE BY:	COLVIN J
DATE OF ORDER:	18 JUNE 2025

THE COURT ORDERS THAT:

1.On or before 12.00 pm on 25 July 2025, the applicant do file and serve any application to extend the time to file a second further substituted statement of claim.

2.The case management hearing be otherwise adjourned until 10.15 am on 30 July 2025 at which time the respondent may move for orders dismissing the proceedings if appropriate steps to progress the proceedings have not been taken by the applicant.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

COLVIN J:

1. In September 2023, Mr Alberto Pizzino and his three sisters commenced proceedings in this Court against Mr Allen Caratti.  They concerned dealings that had resulted in the sale by them of a property in Bennett Springs to a company of which Mr Caratti was a director, being West Swan Land Company Pty Ltd (WSLC).  The relevant events are said to have occurred between 2005 and 2012 and to have included the entry into a deed of settlement and release.  It appears to be common ground that an amount of $4 million that was to be paid by WSLC to Mr Pizzino and his sisters in respect of the transfer of the land to WSLC has never been paid, yet WSLC obtained full title to the land.

2. For some time, the proceedings were conducted for the applicants by Mr Bruce…