Recent Cases

Proietti v Proietti [2023] NSWCA 76 (21 April 2023) (Ward P and Adamson JA)


Catchwords:


APPEALS — review of decision refusing stay pending determination of application for special leave to appeal to High Court — no reason for stay in light of special leave being refused — no utility in reviewing decision

APPEALS — application to set aside orders — where applicant resisted dismissal of appeal against orders for sale of real property under s 66G of the Conveyancing Act 1919 (NSW) — no right to challenge orders except by special leave application to High Court — Court of Appeal has no power to set aside its final orders which have been duly entered

DIRECTIONS — Teoh direction — whether applicant should be restricted from accessing Court in order to protect trustees’ expeditious sale of property and other beneficiary — direction not warranted

COSTS — special order for costs — whether other beneficiary should pay half of costs of unsuccessful litigation brought against trustees by applicant — trustee costs to be paid on indemnity basis by applicant from applicant’s share of proceeds of sale