Supermega Market Ltd v Sunnya Pty Ltd [2024] NSWCA 270

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Supermega Market Ltd v Sunnya Pty Ltd [2024] NSWCA 270 Hearing dates: 18 November 2024 Date of orders: 18 November 2024 Decision date: 18 November 2024 Before: Basten AJA Decision: (1) Direct the Sunnya Parties to prepare the Court Books and serve each party with a copy and file four copies by 4pm, Wednesday, 20 November 2024. (2) Dismiss the Notice of Motion filed by Supermega Market Ltd and Megadairy Ltd (the New Zealand Parties) dated 14 November 2024. (3) Confirm the listing of all three summonses seeking leave to appeal and the appeals for concurrent hearings on 25 and 26 November 2024. (4) Order that costs of the motion be payable by the applicant on the motion to the Sunnya Parties and the He Parties. Catchwords: PRACTICE AND PROCEDURE – appeals –application to vacate hearing date – trial counsel briefed on appeal – dates fixed to suit applicants' counsel – change of solicitors – dissatisfaction with legal representatives arose six months before change – delay unexplained – counsel unavailable – counsels' obligation to appear if funds provided – unavailability likely due to parties not providing funds – earlier dates vacated where counsel available but not solicitor – loss of counsel no justification for vacation of dates Category: Procedural rulings Parties: Supermega Market Ltd (First Applicant) Megadairy Ltd (Second Applicant) NZFDA Ltd (Third Applicant) Sunnya Pty Ltd (First Respondent) Jatcorp Ltd (Second Respondent) Yinghan He (Third Respondent) Yanxia Lu (Fourth Respondent) Guangzhou Aotea Biological Technology Pte Ltd (Fifth Respondent) Guangzhou Niurui Trading Co., Ltd (Sixth Respondent) Sunlife Healthfood Pty Ltd (Seventh Respondent) Yaqing He (Eighth Respondent) HLW Investments Pty Ltd (Ninth Respondent) Representation: Counsel: