A1 Chemicals Pty Limited v Loremo Pty Limited [2016] NSWCA 19

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: A1 Chemicals Pty Limited v Loremo Pty Limited [2016] NSWCA 19 Hearing dates: 15 February 2016 Date of orders: 15 February 2016 Decision date: 24 February 2016 Before: Leeming JA, Simpson JA, Sackville AJA Decision: 1. Appeal allowed. 2. Set aside Order 1 made on 26 June 2015 and in lieu thereof order that there be judgment for the first plaintiff (Loremo) in the sum of $199,923.59. 3. Otherwise dismiss the appeal. 4. The appellant (A1) to pay the respondents' costs of the appeal. 5. Direct that the sum of $199,923.59 be paid out of the moneys paid into Court by A1 to the solicitors acting on behalf of Loremo. 6. The balance of the moneys paid into Court, including any interest accrued, be paid out to the solicitors acting on behalf of A1. Catchwords: APPEAL – interference with Judge's findings of fact – whether otherwise unchallenged witness evidence unsupported by primary documents could be accepted by primary Judge – points and objections not taken below – whether submissions not raised below or in written submissions could be made Legislation Cited: Civil Procedure Act 2005 (NSW), s 101 Cases Cited: Loremo Pty Ltd v A1 Chemicals Pty Ltd [2015] NSW DC 159 Category: Principal judgment Parties: A1 Chemicals Pty Limited (Appellant) Loremo Pty Limited (First Respondent) Hampic Pty Limited (Second Respondent) Representation: Counsel: Mr DC Eardley (Appellant) Mr JS Zmood / Mr S Spadijer (Respondents)