ACN 116 746 859 (formerly Palermo Seafoods Pty Ltd) v Lunapas Pty Ltd

[2018] NSWCA 203

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Conversion
3. › Remedies
4. › Damages
5. › Measure of damages for converted goods
6. › Whether market value or replacement value the correct measure
7. › Whether loss of goodwill recoverable where lease ceased to be enforceable
8. › Whether legal costs recoverable as head of damage
1. Costs
2. › Remitter for rehearing on limited basis
3. › Whether trial judge on rehearing could award costs of earlier hearing
4. › Scope of remitter from Court of Appeal
1. Costs
2. › Appeal costs
3. › Successful respondents derelict in compliance with interlocutory directions
4. › Whether reduction in allowed costs appropriate
1. Practice and Procedure
2. › New trial
3. › Scope of directions in ordering a new trial
4. › Uniform Civil Procedure Rules 2005 (NSW), r 51.53
5. › Whether evidence from earlier trial admissible without recalling witness
6. › Whether valuation evidence properly admitted where expert not called

Quick Take

When a matter is remitted for rehearing following a successful appeal, the judge conducting the rehearing has jurisdiction to determine costs of the first trial absent express restriction in the appellate court's orders, and it is commonplace for costs of the first trial to abide the outcome of the rehearing.