ACN 116 746 859 (formerly known as Palermo Seafoods Pty Ltd) v Lunapas Pty Ltd & Anor

fifth line apostrophe for "plaintiffs"

second line, full title of legislation added, sixth line apostrophe for "plaintiffs

first line full legislation of title removed as previously defined.

seventh line apostrophe for "plaintiffs", thirteenth line "would that" reversed to "that would"

comma added after "Area Command"

third last line "as to" added between "advanced why"

second line comma added after "that", third line coma added after "case", fourth line "that" deleted before "there"

, [64], [65], [159] "retrial" changed to "re-trial"

fourth line "June 2014" added after Young AJA's"

second line "defendant's" changed to "defendants'", second last line comma added after "year"

second line comma added after "defendants"

second line deletion of "wrongful" and "of" inserted after "use"

"and" deleted after "tort;"

third line and fifth line add "June 2014" before "findings", add last sentence "But first the credibility of the parties is assessed."

fourth line delete "the" before "Mr Menniti" and delete "Pty Ltd" after "Lunapas"

and [87] delete "Pty Limited" after "Lunapas"

, [89], [94], [114] - [119], [174], [183], [190], [206] and [214], "lock-out" changed to "lockout"

added space within quote

and [98] "Mother's day" to "Mother's Day"

fourth line delete "the" and add "on" before "Palermo's part"

fifth line delete "Nick" before "Crompton"

second line comma added after "homes" and fifth line apostrophe deleted from "Palermo's"

third line delete "the" and add "Mr Joe" before "Palermo's", delete "s" in "homes"

fourth line delete "r" in "user", second last line add comm after "them", last line italicise "Upton" and delete extra bracket

fifth line, delete "were" before "for return"

second last line add "s" after "examine", last line add "es" after "class"

first line add "the" before "lockout", last line change "attended" to "altered"

third line, add comma after "with" and "to"

fourth line add "was made" after "it"

fourth last line add semi colon after "time", third last line add "d" after "comprise"

second last line, add comma after "view"

second last line add comma after "way"

first line add comma after "Moreover", third line add comma after "rehearing" and "this Court independently reaches the same conclusion as", fifth line delete comma after "if", third last line after "Report" add "(which report is discussed later in these reasons)"

second line add colon after "difference"

second line delete "on the site"

fifth last line add "and" after comma

first line add comma after "2013"

first line, add comma "2013" and "agents"

third last line change "landlord" to "bailee" and second last line change "tenant" to "bailor"

third line add "bailor and" after "the"

last line change "plaintiff" to "defendants"

last line delete "briefly" after "given"

second last line add comma after "material"

first line add "even if that" after "But" and delete "that", second line add "on the evidence now before it" after "Young AJA"

first line add "ordinarily" after "is", second line add "if able to do so" after "loss"

19 December 2017 - [222] "representing it value" to "its value" DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 19 December 2017