2025/00365372
| Date | Party | Submission |
|---|---|---|
| 22/9/25 | Appellant | Notice of Appeal (PDF, 429.2 KB) |
| 5/11/25 | Appellant | Summary of Argument (PDF, 247.0 KB) |
| 19/12/25 | Appellant | Reply (PDF, 502.0 KB) |
| 9/2/26 | Respondent | Certification for Publication (PDF, 2.4 MB) |
CORPORATIONS – on 19 May 1994, Carmela Pizzolato (Carmela) appointed Mario Pizzolato (Mario) as the sole executor of her estate (the Estate) – the Estate was to be divided in equal shares between Carmela’s children: Vittoria Marques (Vittoria), Mario, and Antonella Pizzolato (Antonella) – on 27 June 2016, the Court granted probate to Mario – at the time of her death, Carmela held 200 ordinary shares in C&V Engineering Co Pty Ltd (CVE) and two ordinary shares in Pizzolato Nominees Pty Ltd (PNP) – Mario failed to distribute the Estate, specifically the ordinary shares in CVE and PNP, in accordance with the grant of probate – in July 2025, Vittoria sought an order under section 175 of the Corporations Act 2001 (Cth) for the share registers of CVE and PNP to be corrected – Mario and Antonella pleaded a defence of Anshun estoppel, abuse of process, and delay – the primary judge held that: (1) Anshun estoppel was not established; (2) as Anshun estoppel was not established, the defence of abuse of process also could not be established; and (3) no demonstrated prejudice arose from the delay – accordingly, the primary judge ordered for the correction of the share registers of CVE and PNP – whether the primary judge erred in not admitting certain paragraphs of the affidavits of Antonella and Mario into evidence, on the basis that the evidence was not relevant to any pleaded issue – whether the primary judge would have reached a different conclusion had the evidence been admitted, such that its exclusion affected the final result and occasioned a substantial wrong or miscarriage within the meaning of rule 51.53 of the Uniform Civil Procedure Rules 2005 (NSW).
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