Cuzeno Pty Ltd v Powercell Pty Ltd [2000] NSWCA 78

New South Wales Court of Appeal

CITATION : Cuzeno Pty Ltd v Powercell Pty Ltd [2000] NSWCA 78 FILE NUMBER(S) : CA 40628/98 HEARING DATE(S) : 18/8/99 22/9/99 (1st judgment date) JUDGMENT DATE : 5 April 2000

PARTIES : Cuzeno Pty Limited ACN 001 291 738 v Powercell Pty Limited ACN 051 968 613 JUDGMENT OF : Priestley JA at 1; Stein JA at 30; Davies AJA at 31

LOWER COURT JURISDICTION : District Court LOWER COURT DC 2325/97 FILE NUMBER(S) : LOWER COURT His Honour Judge Williams JUDICIAL OFFICER :

COUNSEL : Appellant/Cross Respondent - T.G.R. Parker Respondent/Cross Appellant - C. Harris SOLICITORS : Appellant/Cross Respondent - Michie, Shehadie & Co Respondent/Cross Appellant - Willis Bowring CATCHWORDS : Cross-appeal LEGISLATION CITED : Fair Trading Act s 42 Trade Practices Act s 52 DECISION : Cross appeal dismissed with costs

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40628/98 DC 2325/97

PRIESTLEY JA STEIN JA DAVIES AJA

Wednesday, 5 April 2000

CUZENO PTY LTD v POWERCELL PTY LTD POWERCELL PTY LTD v CUZENO PTY LTD & ANOR CROSS APPEAL - respondent had brought action against two defendants in District Court and had succeeded against one, who appealed, and failed against the other, the cross-respondent - cross-appeal fails because cross-appellant not permitted to argue the point it was relying on - that point had not been litigated below and was in any event unlikely to succeed. ORDER Cross-appeal dismissed with costs.

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40628/98 DC 2325/97

PRIESTLEY JA STEIN JA DAVIES AJA