Rodi v Gelonesi [2012] NSWCA 424

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rodi v Gelonesi [2012] NSWCA 424 Hearing dates: 5 December 2012 Decision date: 05 December 2012 Before: Beazley JA at [1] Ward JA at [2] Decision: Grant leave to extend the time for the filing of the summons for leave. Dismiss the summons for leave to appeal 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: APPEAL - application for leave to extend time for filing of summons seeking leave to appeal

APPEAL - summons seeking leave to appeal - trial judge found no misrepresentation established as there was no reliance - contended by appellant that that finding was glaringly improbable - no substantial issue of principle - small amount in dispute Legislation Cited: Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 BHP Petroleum Pty Ltd v Oil Basins Ltd [1985] VR 756 Darrell Lea (Vic) Pty Ltd v Union Assurance Society of Australia Ltd [1969] VR 401 Devries v Australian National Railways Commission [1993] HCA 78; (1993) 177 CLR 472 Dunn v Ross Lamb Motors [1978] 1 NSWLR 26 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Johnson Tiles Pty Ltd v Esso Australia Ltd (2000) 104 FCR 564 Minogue v Williams (2000) 60 ALD 366 Niemann v Electronic Industries Ltd [1978] VR 431 Nominal Defendant v McLennan [2012] NSWCA 148 Zelden Sewell Henamast Pty Ltd [2011] NSWCA 56 Category: Principal judgment Parties: Dominic Rodi (First Appellant) Forestway Fruit Stall Pty Ltd (Second Appellant) Bruno Gelonesi (First Respondent) Northside Deli Pty Ltd (Second Respondent) Representation: Counsel: P Newell (Appellants) B Pluznyk (Respondents) Solicitors: L C Muriniti & Associates (Appellants) GP Legal, Solicitors (Respondents) File Number(s): CA 12/176970 Decision under appeal Date of Decision: 2012-05-11 00:00:00 Before: E Olsson SC DCJ File Number(s): 08/317684