Palermo Seafoods Pty Ltd v Lunapas Pty Ltd [2015] NSWCA 175

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Palermo Seafoods Pty Ltd v Lunapas Pty Ltd [2015] NSWCA 175 Hearing dates: 27 April 2015 Date of orders: 27 April 2015 Decision date: 27 April 2015 Before: JC Campbell AJA Decision: Appeal not dismissed as incompetent, but notice of motion seeking to have it dismissed as incompetent stood over for further hearing with the appeal Catchwords: PRACTICE AND PROCEDURE – appeal – application to have appeal declared incompetent pursuant to s 101(2)(r) of the Supreme Court Act 1970 (NSW) – whether realistic prospect of $100,000 or more being obtained on a successful appeal - application to strike out appeal declined Legislation Cited: Supreme Court Act 1970, s 101(2)(r) Cases Cited: Gillard v Hunter Wire Products Proprietary Limited [2001] NSWCA 450 Grygiel v Baine [2004] NSWCA 377 Jardin v Metcash Limited [2011] NSWCA 409 Nadgovski v Crnojlovic [2008] NSWCA 175 Palermo Seafoods Pty Ltd v Lunapas Pty Ltd [2014] NSWSC 792 Palermo Seafoods Pty Ltd v Lunapas Pty Ltd (No.2) [2014] NSWSC 1323 Pawlowska v Zajglic [2011] NSWCA 118 Category: Principal judgment Parties: Palermo Seafoods Pty Ltd (Appellant) Lunapas Pty Ltd (First Respondent) Luciano Menniti (Second Respondent) Representation: Counsel: A Busby (Appellant) B Wright (First and Second Respondents)

Solicitors: McLaughlins Lawyers (Appellant) Gregg Lawyers (First and Second Respondents) File Number(s): 2014/313606 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: [2014] NSWSC 792 [2014] NSWSC 1323 Date of Decision: 16 June 2014 26 September 2014 Before: Young AJA File Number(s): 2013/206954