ACN 116 746 859 (formerly known as Palermo Seafoods Pty Ltd) v Lunapas Pty Ltd & Anor (No. 3) [2018] NSWSC 539

Supreme Court New South Wales

Medium Neutral Citation: ACN 116 746 859 (formerly known as Palermo Seafoods Pty Ltd) v Lunapas Pty Ltd & Anor (No. 3) [2018] NSWSC 539 Hearing dates: 15 December 2017; 27 April 2018 Date of orders: 30 April 2018 Decision date: 30 April 2018 Jurisdiction: Equity Before: Slattery J Decision: Claim to set off claim for arrears rent against principal judgment disallowed. Defendant to pay two thirds of plaintiff's costs of the re-hearing. Catchwords: SET OFF – judgment for $250,000 plus interest entered against the defendants for conversion of the plaintiff's stock, plant and equipment – after judgment the defendants sought set off or a stay of part of the judgment on account of a claim in another jurisdiction for arrears of rent alleged to be due in respect of the rental premises where the re-entry occurred – whether the proceedings should be re-opened – whether defendants entitled to a set off – whether judgment should be partially stayed.

COSTS – plaintiff successful in claim for conversion – but plaintiff claims substantial damages, including consequential loss – plaintiff only partly successful in claim for damages – should prior costs orders be revisited - what is appropriate costs order. Legislation Cited: Federal Court of Australia Act 1976, s 22 Supreme Court Act 1970, s 63 Cases Cited: ACN 116 746 859 (formerly known as Palermo Seafoods Pty Ltd) v Lunapas Pty Ltd & Anor (No. 2) [2017] NSWSC 1799 ACN 116 746 859 (formerly known as Palermo Seafoods Pty Ltd) v Lunapas Pty Ltd & Anor [2017] NSWSC 1583 Phillip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 Smith v New South Wales Bar Association (1992) 176 CLR 256 Texts Cited: RP Meagher, JD Heydon, MJ Leeming, Meagher, Gummow & Lehane's Equity: Doctrines and Remedies (5th ed, 2015, LexisNexis Butterworths) Category: Costs Parties: Plaintiff: ACN 116 746 859 (formerly Palermo Seafoods Pty Ltd) Defendant: Lunapas Pty Ltd Second Defendant: Luciano Menniti Representation: Solicitors: Plaintiff: in person Defendants: in person, John Gregg, Gregg Lawyers File Number(s): 2013/206954 Publication restriction: No