Origin Energy LPG Ltd v Bestcare Foods Ltd [2012] NSWCA 322

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Origin Energy LPG Ltd v Bestcare Foods Ltd [2012] NSWCA 322 Hearing dates: 7 and 21 August, 4 September and then on the papers Decision date: 11 October 2012 Before: Allsop P Decision: 1. Dismiss the notice of motion for expedition with no order as to costs, but grant leave to Bestcare to seek to revive the application after the liability appeal. 2. Stay the orders of the Supreme Court giving judgment in favour of Bestcare for $91,219,465, until further order. 3. Costs of the summons for a stay be costs in the appeal. [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: INTERLOCUTORY ORDERS - No question of principle - stay of judgment - long and complex trial - separate judgments on liability and quantum - adoption of referee's report on quantum - large sum of damages ordered - liability appeal hearing expedited - real and substantial issues on appeal - respondent in administration - stay ordered Category: Interlocutory applications Parties: Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) (First Appellant) Origin Energy Retail Ltd (Second Appellant) Bestcare Foods Ltd (First Respondent) Bestcare Foods (Sales) Pty Ltd (Second Respondent) Representation: E G Romaniuk (Appellants) M L Williams SC, D S Weinberger, S A Lawrance, (Respondents) DibbsBarker (Appellants) McCabes Lawyers (Respondents) File Number(s): 2012/223427 Decision under appeal Citation: [2012] NSWSC 670 Date of Decision: 2012-06-15 00:00:00 Before: Nicholas J and McDougall J File Number(s): 2005/270917