Palermo Seafoods Pty Limited v Lunapas Pty Limited (No 3) [2015] NSWCA 359

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Palermo Seafoods Pty Limited v Lunapas Pty Limited (No 3) [2015] NSWCA 359 Hearing dates: 09 November 2015 Decision date: 09 November 2015 Before: Leeming JA Decision: 1. Dismiss the notice of motion filed 28 September 2015.

2. Order that Palermo Seafoods Pty Limited pay the respondents' costs of that notice of motion.

3. Note that one copy of each of the seven draft subpoenas the subject of the motion be kept in the file and marked MFI 1.

4. Remaining copies of the subpoenas can be returned to Mr Fern.

5. Note that the matter has been stood over for further directions on 18 November 2015. Catchwords: PRACTICE – subpoenas – application for leave to issue subpoenas in appeal – subpoenas seeking further evidence – not demonstrated that evidence sought by subpoenas could not have been obtained with reasonable diligence at trial – application refused Legislation Cited: Supreme Court Act 1970 (NSW), s 75A Cases Cited: Akins v National Australia Bank (1994) 34 NSWLR 155 Palermo Seafoods Pty Limited v Lunapas Pty Limited [2014] NSWSC 792 Palermo Seafoods Pty Limited v Lunapas Pty Limited (No 2) [2014] NSWSC 1323 Palmero Seafoods Pty Limited v Lunapas Pty Limited [2015] NSWCA 175 Palermo Seafoods Pty Limited v Lunapas Pty Limited [2015] NSWCA 149 Tjiong v Tjiong [2012] NSWCA 201 Category: Procedural and other rulings Parties: Palermo Seafoods Pty Limited (Applicant) Lunapas Pty Limited (First Respondent) Luciano Menniti (Second Respondent) Representation: Counsel: Mr Fern (with leave to appear) (Applicant) A Lauchland (by phone) (Respondents)