Palermo Seafoods Pty Ltd v Lunapas Pty Ltd [2015] NSWCA 149

Palermo Seafoods Pty Ltd v Lunapas Pty Ltd [2015] NSWCA 149

Given the appellant's history of default judgments, lack of evidence supporting an adjournment, and credible risk that costs could not be recovered, it was appropriate to order security for costs in the amount of $20,000, and to stay the appeal until such security was provided.

Parties
Appellant: Palermo Seafoods Pty Ltd ACN 116 746 859; First Respondent: Lunapas Pty Ltd ACN 104 180 742; Second Respondent: Luciano Menniti
Jurisdiction
Australia
Judgment Date
25 May 2015
Procedural Posture
Appeal / Ruling on Interlocutory Motions (adjournment, Security for Costs)
Outcome
Application for adjournment dismissed; security for costs ordered; appeal stayed until security provided; notice of motion otherwise dismissed; costs of motion to respondents.
Legal Topics
Security for Costs, Appeals, Adjournment, Practice
Civil Procedure Security for Costs Appeals Adjournment Practice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Palermo Seafoods Pty Ltd ACN 116 746 859

Appellant

Lunapas Pty Ltd ACN 104 180 742

First Respondent

Luciano Menniti

Second Respondent

Procedural Posture

Appeal / Ruling on Interlocutory Motions (adjournment, Security for Costs)

Legal Issues

  1. 1 Whether appellant should be granted an adjournment of the security for costs application
  2. 2 Whether security for the respondents' costs of the appeal should be ordered against the appellant, Palermo Seafoods Pty Ltd

Ratio Decidendi

Given the appellant's history of default judgments, lack of evidence supporting an adjournment, and credible risk that costs could not be recovered, it was appropriate to order security for costs in the amount of $20,000, and to stay the appeal until such security was provided.

Court Disposition

Application for adjournment dismissed; security for costs ordered; appeal stayed until security provided; notice of motion otherwise dismissed; costs of motion to respondents.

Orders

  • Dismiss appellant's application for an adjournment.
  • Appellant to provide security for respondents' costs by paying into Court $20,000 or otherwise providing security for that amount in a manner satisfactory for the security of the respondents.