Jobema Pty Ltd v Zacaropoulos [2018] NSWCA 235

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jobema Pty Ltd v Zacaropoulos [2018] NSWCA 235 Hearing dates: 8 October 2018 Decision date: 19 October 2018 Before: Beazley ACJ; Leeming JA; Payne JA Decision: (1) Grant leave to appeal.

(2) Direct Jobema Pty Ltd to file a notice of appeal in accordance with the draft notice within seven days of today's date, and otherwise dispense with the requirements as to service.

(3) Appeal allowed with costs.

(4) Set aside orders 1 and 2 made on 7 June 2018 and in lieu thereof, order that the interlocutory process filed on 5 October 2017 by the respondent be dismissed, with costs. Catchwords: ESTOPPEL – Estoppel by convention – Mutual assumption as to the manner in which dividends distributed and accounted for in books of account

CIVIL PROCEDURE – Summary judgment – Whether primary judge erred in rejecting that there was an arguable defence of conventional estoppel – Whether high degree of certainty about ultimate outcome of the proceeding

CIVIL PROCEDURE – Court of Appeal – Leave to appeal Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256; [2006] HCA 27 Category: Principal judgment Parties: Jobema Pty Ltd (Appellant) Beatrice Colette Zacaropoulos (Respondent) Representation: Counsel: G A Sirtes SC; A Avery-Williams; L Johnston (Appellant) J T Johnson (Respondent)