Yolarno Pty Ltd v Shandong Delisi Food Co Ltd [2022] NSWCA 30

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Yolarno Pty Ltd v Shandong Delisi Food Co Ltd [2022] NSWCA 30 Hearing dates: 28 February 2022 Date of orders: 4 March 2022 Decision date: 04 March 2022 Before: Macfarlan JA Decision: (1) Upon Yolarno's undertakings to the Court referred to in paragraph (2) below, extend, until the determination of Yolarno's appeal to this Court, the stay presently in force in respect of the judgment and costs order entered and made by Parker J on 7 February 2022. (2) The undertakings to the Court referred to in paragraph (1) above are as follows: (a) that Yolarno will not dispose of or deal with any company property otherwise than in the ordinary course of its business; and (b) that Yolarno will prosecute its appeal expeditiously. (3) Order that the costs of Yolarno's motion for a stay be costs in the appeal. Catchwords: APPEAL – civil procedure – stay of judgment pending appeal – undertaking proffered by appellant – stay granted Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 Category: Principal judgment Parties: Yolarno Pty Ltd (Applicant) Shandong Delisi Food Co Ltd (Respondent) Representation: Counsel: H Arkin (Applicant) J Giles SC / S Hartford Davis (Respondent)

Solicitors: King & Wood Mallesons (Applicant) Corrs Chambers Westgarth (Respondent) File Number(s): 2022/46034 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: [2022] NSWSC 17; [2022] NSWSC 85 Date of Decision: 17 January 2022 Before: Parker J File Number(s): 2020/106935