Narellan Franchise Pty Ltd v RBME Pty Ltd [2023] NSWCA 139

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Narellan Franchise Pty Ltd v RBME Pty Ltd [2023] NSWCA 139 Hearing dates: 20 June 2023 Decision date: 23 June 2023 Before: Ward P; Leeming JA; Kirk JA Decision: In 2022/381924 1. Notice of appeal filed on 22 February 2023 dismissed as incompetent. 2. The appellants to pay the respondents' costs of the proceedings in this Court. In 2023/198235 1. Summons seeking leave to appeal dated 20 June 2023 dismissed. 2. The appellants to pay the respondents' costs of the proceedings in this Court. Catchwords: APPEALS – leave to appeal – whether decision is interlocutory – where final injunctions refused after a three day hearing but pecuniary claims remained undetermined – where because of passage of time, no injunction would be ordered even if grounds were made out – appellants belatedly asked for determination of questions of construction which were not determined by primary judge – absence of full submissions on construction at first instance and on appeal – desirability of questions of construction being answered in light of findings of fact – ability to appeal after determination of unresolved issues – leave refused Legislation Cited: Restraints of Trade Act 1976 (NSW), s 4 Supreme Court Act 1970 (NSW), ss 101(2)(e), 103 Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: Carr v Finance Corporation of Australia Ltd (No 1) (1981) 147 CLR 246; [1981] HCA 20 Cassaniti v Katavic (No 2) [2023] NSWCA 107 Computer Edge Pty Ltd v Apple Computer Inc [1984] HCA 47; (1984) 54 ALR 767 Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498; [2012] HCA 7 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Libra Collaroy Pty Ltd v Bhide [2017] NSWCA 196 Licul v Corney (1976) 180 CLR 213; [1976] HCA 6 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Narellan Franchise Pty Ltd v RBME Pty Ltd [2022] NSWSC 988 Narellan Franchise Pty Ltd v RBME Pty Ltd (No 2) [2022] NSWSC 1590 Category: Principal judgment Parties: Narellan Franchise Pty Ltd (First Appellant/Applicant) Narellan Pools Pty Ltd (Second Appellant/Applicant) RBME Pty Ltd (First Respondent) Tim Ranieri (Second Respondent) Matthew John Ranieri (Third Respondent) T&M Pools Pty Ltd (Fourth Respondent) Representation: Counsel: PM Knowles SC and J Douglas (Appellants/Applicants) A Fernon SC and N Kirby (Respondents)