Supermega Market Ltd v Sunnya Pty Ltd [2024] NSWCA 270

Supermega Market Ltd v Sunnya Pty Ltd [2024] NSWCA 270

The motion to vacate the appeal hearing dates was dismissed because the absence of counsel for the NZ Parties resulted from their own actions or failure to provide funds, and no sufficient justification was established for a further adjournment. The preparation of the appeal books was reassigned due to non-compliance. Costs of the motion were ordered against the NZ Parties.

Parties
Applicant: Supermega Market Ltd; Applicant: Megadairy Ltd; Applicant: NZFDA Ltd; Respondent: Sunnya Pty Ltd; Respondent: Jatcorp Ltd; Respondent: Yinghan He; Respondent: Yanxia Lu; Respondent: Guangzhou Aotea Biological Technology Pte Ltd; Respondent: Guangzhou Niurui Trading Co., Ltd; Respondent: Sunlife Healthfood Pty Ltd; Respondent: Yaqing He; Respondent: HLW Investments Pty Ltd
Jurisdiction
Australia
Judgment Date
18 November 2024
Procedural Posture
Notice of Motion in Appeal Proceedings / Interlocutory (application to Vacate Appeal Hearing Dates)
Outcome
Notice of Motion dismissed; directions made for appeal books; concurrent hearings of appeals confirmed; costs of the motion ordered against applicant to both other groups.
Legal Topics
Appeals, Vacation of Hearing Date, Change of Solicitors, Preparation of Appeal Books, Costs of Motion
Civil Procedure Appeals Vacation of Hearing Date Change of Solicitors Preparation of Appeal Books Costs of Motion

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Parties

Supermega Market Ltd

Applicant

Megadairy Ltd

Applicant

NZFDA Ltd

Applicant

Sunnya Pty Ltd

Respondent

Jatcorp Ltd

Respondent

Yinghan He

Respondent

Yanxia Lu

Respondent

Guangzhou Aotea Biological Technology Pte Ltd

Respondent

Guangzhou Niurui Trading Co., Ltd

Respondent

Sunlife Healthfood Pty Ltd

Respondent

Yaqing He

Respondent

HLW Investments Pty Ltd

Respondent

Procedural Posture

Notice of Motion in Appeal Proceedings / Interlocutory (application to Vacate Appeal Hearing Dates)

Legal Issues

  1. 1 Whether the appeal hearing dates should be vacated due to unavailability of counsel for the NZ Parties
  2. 2 Responsibility for non-preparation of appeal books
  3. 3 Appropriate orders as to costs of the motion

Ratio Decidendi

The motion to vacate the appeal hearing dates was dismissed because the absence of counsel for the NZ Parties resulted from their own actions or failure to provide funds, and no sufficient justification was established for a further adjournment. The preparation of the appeal books was reassigned due to non-compliance. Costs of the motion were ordered against the NZ Parties.

Court Disposition

Notice of Motion dismissed; directions made for appeal books; concurrent hearings of appeals confirmed; costs of the motion ordered against applicant to both other groups.

Orders

  • Direct the Sunnya Parties to prepare the Court Books and serve each party with a copy and file four copies by 4pm, Wednesday, 20 November 2024.
  • Dismiss the Notice of Motion filed by Supermega Market Ltd and Megadairy Ltd (the New Zealand Parties) dated 14 November 2024.