HP Mercantile Pty Ltd v Kym and Paul Clements [2015] NSWCA 212

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: HP Mercantile Pty Ltd v Kym and Paul Clements [2015] NSWCA 212 Hearing dates: 21 April 2015 Date of orders: 21 April 2015 Decision date: 23 July 2015 Before: Bathurst CJ at [1]; Beazley P at [9]; Gleeson JA at[10] Decision: Leave to appeal refused Catchwords: APPEAL – Appeal as of right restricted where amount in issue over $100,000 – Leave to appeal – Where no injustice caused to either party by the refusal of leave - Where amount in issue at time of hearing was $10 Cases Cited: Gillard v Hunter Wire Products Pty Ltd t/as Hunter Screen Products (No 2) [2001] NSWCA 450 Jensen v Ray [2011] NSWCA 247 Category: Principal judgment Parties: HP Mercantile Pty Ltd (Applicant) Kym Clements and Paul Clements (as executors of the estate of Phillip Clements) (Respondents) Representation: Counsel: B Walker SC / P Knowles (Applicant) R Newlinds SC / A d'Arville (Respondents)

Solicitors: Versace McKenzie Lawyers (Applicant) Carles Solicitors (Respondents) File Number(s): 2014/148400 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division – Corporations List Citation: [2014] NSWSC 509 Date of Decision: 2 May 2014 Before: Black J File Number(s): 2009/289202

[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.]