Riva NSW Pty Ltd v Key Nominees Pty Ltd [2019] NSWCA 82

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Riva NSW Pty Ltd v Key Nominees Pty Ltd [2019] NSWCA 82 Hearing dates: 12 April 2019 Decision date: 12 April 2019 Before: Leeming JA; Payne JA Decision: The summons filed on 16 January 2019 and the notice of appeal filed on 2 November 2018 are dismissed with costs. Catchwords: APPEAL – application for leave – primary judge dismissed proceedings following non-compliance with orders requiring payment of previous costs – no dispute that orders had not been complied with – no reasons sought – leave refused Category: Principal judgment Parties: Riva NSW Pty Ltd (First Applicant) Gustavo Ferella (Second Applicant) Angelo Ferella (Third Applicant) Key Nominees Pty Ltd (Respondent) Representation: Counsel:

RK Newton (Applicants) RA Parsons (Respondent)

Solicitors:

Zali Burrows at Law (Applicants) Bray, Jackson & Co (Respondent) File Number(s): (2018/265776); (2019/15816) Publication restriction: None Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: None Date of Decision: 3 August 2018 Before: Slattery J File Number(s): 2018/69234

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]