Tre Cavalli Pty Limited v The Berry Rural Co-operative Society Limited [2012] NSWCA 187

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tre Cavalli Pty Limited v The Berry Rural Co-operative Society Limited [2012] NSWCA 187 Hearing dates: 21 June 2012 Decision date: 21 June 2012 Before: Barrett JA Decision: The notice of motion filed by the appellant on 14 June 2012 is dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - Court of Appeal - application for stay pending determination of appeal -- appellant seeks stay of judgments not challenged on appeal - where party named as second respondent to appeal against whom no relief is sought on appeal has commenced winding up proceedings against the appellant on the basis of unpaid judgment debts arising from those unchallenged judgments in its favour - whether pendency of appeal and possibility of winding up order against appellant forms basis for staying the judgments Legislation Cited: Corporations Act 2001 (Cth), s 459C(2)(a), 459E, 459G, 467(1) Legal Profession Act 2004, ss 368(1), 368(5) Cases Cited: Australian Beverage Distributors Pty Ltd v Evans and Tate Premium Wines Pty Ltd [2007] NSWCA 57; (2007) 61 ACSR 441 Australian Beverage Distributors Pty Ltd v The Redrock Co Pty Ltd [2007] NSWSC 966; (2007) 213 FLR 450 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd [2002] NSWCA 383; (2002) 55 NSWLR 73 TS Recoveries Pty Ltd v Sea-Slip Marinas (Aust) Pty Ltd [2007] NSWSC 1410; Category: Interlocutory applications Parties: Tre Cavalli Pty Limited - Appellant The Berry Rural Co-Operative Society Limited - First Respondent Fort Dodge Australia Pty Limited - Second Respondent Representation: J D Cairn - Appellant A E Maroya - Second Respondent Leitch Hasson Dent - Appellant King & Wood Mallesons - Second Respondent File Number(s): 2012/00069980 Decision under appeal Citation: Tre Cavalli Pty Limited v The Berry Rural Co-operative Limited Before: Puckeridge ADCJ File Number(s): 2008/319687