Palermo Seafoods Pty Ltd v Lunapas Pty Ltd [2015] NSWCA 175

Palermo Seafoods Pty Ltd v Lunapas Pty Ltd [2015] NSWCA 175

There is scope for legitimate argument that the appellant could receive a benefit exceeding $100,000 if successful, so the appeal cannot be struck out as incompetent at this stage; notice of motion seeking to strike out the appeal is stood over for further hearing with the appeal.

Jurisdiction
Australia
Judgment Date
27 April 2015
Procedural Posture
Appeal / Interlocutory
Outcome
Notice of motion to strike out appeal as incompetent not granted; notice of motion stood over for further hearing with the appeal.
Legal Topics
['appeal' 'strike Out Application' 'competency of Appeal' 'security for Costs']
['practice and Procedure'] ['appeal' 'strike Out Application' 'competency of Appeal' 'security for Costs']

Case Brief

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Procedural Posture

Appeal / Interlocutory

Legal Issues

  1. 1 ['Whether appeal is incompetent under s 101(2)(r) Supreme Court Act 1970 (NSW) as not involving $100,000 or more' 'Whether there is a realistic prospect of $100,000 or more being obtained on a successful appeal' 'Application to strike out appeal']

Ratio Decidendi

There is scope for legitimate argument that the appellant could receive a benefit exceeding $100,000 if successful, so the appeal cannot be struck out as incompetent at this stage; notice of motion seeking to strike out the appeal is stood over for further hearing with the appeal.

Court Disposition

Notice of motion to strike out appeal as incompetent not granted; notice of motion stood over for further hearing with the appeal.

Orders

  • ['Notice of motion seeking security for costs stood over to 25 May 2015.' 'Respondent to security for costs motion to file and serve affidavit material by 18 May 2015.' 'Notice of motion seeking to have appeal dismissed as incompetent stood over for further hearing with the appeal.' 'Costs of today reserved.']