NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: ACN 116 746 859 (formerly Palermo Seafoods Pty Ltd) v Lunapas Pty Ltd [2018] NSWCA 203 Hearing dates: 14 September 2018 Date of orders: 14 September 2018 Decision date: 18 September 2018 Before: Basten JA at [1]; Meagher JA at [47]; Ward JA at [48] Decision: (1) Vary order (1) made by Slattery J on 30 April 2018 so that it provides:
Order the defendants to pay two-thirds of the plaintiff's costs in the proceedings in the Equity Division.
(2) Otherwise dismiss the appeal from the judgment of Slattery J and the orders made on 11 December 2017 and 30 April 2018.
(3) Order the appellant to pay the respondents' costs of the appeal from the judgment and orders of Slattery J from 29 August 2018. Catchwords: TORTS – conversion – remedies – damages – whether trial judge erred in rejecting claims for certain heads of damage
COSTS – remitter for rehearing on limited basis – whether trial judge on rehearing could award costs of earlier hearing – appeal costs – successful respondents derelict in compliance with interlocutory directions – whether reduction in allowed costs
CIVIL PROCEDURE – Uniform Civil Procedure Rules (UCPR) r 51.53 – scope of directions in ordering a new trial – valuation evidence – whether judge on rehearing erred in rejecting evidence if expert not called Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 51.53 Cases Cited: ACN 116 746 859 (formerly known as Palermo Seafoods Pty Ltd) v Lunapas Pty Ltd & Anor (No 3) [2018] NSWSC 539 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 Palermo Seafoods Pty Ltd v Lunapas Pty Ltd (No 2) [2014] NSWSC 1323 Palermo Seafoods Pty Ltd v Lunapas Pty Ltd [2014] NSWSC 792 Palermo Seafoods Pty Ltd v Lunapas Pty Ltd [2016] NSWCA 82 Category: Principal judgment Parties: ACN 116 746 859 (formerly known as Palermo Seafoods Pty Ltd) (Appellant) Lunapas Pty Ltd (First Respondent) Luciano Menniti (Second Respondent) Representation: Counsel: Mr J Palermo with leave of the Court (Appellant) Ms K A Gothard (Respondents)
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