Rodi v Gelonesi [2012] NSWCA 424

Rodi v Gelonesi [2012] NSWCA 424

Issues raised do not involve any substantial issue of principle; no sufficient basis to conclude that an appellate review would lead to a different result. Leave to extend time for filing is granted, but leave to appeal is refused due to lack of substantial reasons and proportionality considerations.

Parties
First Appellant: Dominic Rodi; Second Appellant: Forestway Fruit Stall Pty Ltd; First Respondent: Bruno Gelonesi; Second Respondent: Northside Deli Pty Ltd
Jurisdiction
Australia
Judgment Date
05 December 2012
Procedural Posture
Appeal / Application for Leave to Appeal
Outcome
Leave is granted to extend time for filing; summons for leave to appeal is dismissed with costs.
Legal Topics
Leave to Extend Time, Leave to Appeal, Misleading or Deceptive Conduct, Unconscionable Conduct
Civil Procedure Commercial Law Leave to Extend Time Leave to Appeal Misleading or Deceptive Conduct Unconscionable Conduct

Case Brief

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Parties

Dominic Rodi

First Appellant

Forestway Fruit Stall Pty Ltd

Second Appellant

Bruno Gelonesi

First Respondent

Northside Deli Pty Ltd

Second Respondent

Procedural Posture

Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave should be granted to extend time for filing summons for leave to appeal
  2. 2 Whether leave should be granted to appeal from trial judge's finding on reliance and misrepresentation
  3. 3 Whether the primary judge erred in finding no unconscionable conduct

Ratio Decidendi

Issues raised do not involve any substantial issue of principle; no sufficient basis to conclude that an appellate review would lead to a different result. Leave to extend time for filing is granted, but leave to appeal is refused due to lack of substantial reasons and proportionality considerations.

Court Disposition

Leave is granted to extend time for filing; summons for leave to appeal is dismissed with costs.

Orders

  • Leave granted to extend time for filing summons for leave to appeal.
  • Summons for leave to appeal dismissed with costs.