NorthWest Healthcare Australia RE Limited v Australian Unity Funds Management Limited [2023] NSWSC 86

Supreme Court New South Wales

Medium Neutral Citation: NorthWest Healthcare Australia RE Limited v Australian Unity Funds Management Limited [2023] NSWSC 86 Hearing dates: 16 December 2022, 7 and 9 February 2023 Date of orders: 9 February 2023 Decision date: 09 February 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: Application for leave to lead certain expert evidence not granted. Catchwords: CORPORATIONS — Whether leave should be granted to lead expert evidence. Cases Cited: • Advance Bank Australia (1987) 9 NSWLR 464 • Ampol Petroleum Ltd v R W Miller (Holdings) Ltd (1972) 2 NSWLR 850 • Arida v Arida [2018] NSWSC 1416 • Botany Bay City Council v Minister of Planning and Infrastructure [2014] NSWCA 141 • Darvall v North Sydney Brick & Tile Co Ltd (1987) 16 NSWLR 212 • Nature Conservation Council of NSW Inc. v Minister for Water, Property and Housing [2022] NSWLEC 69 • Ross v Lane [2021] NSWLEC 61 • Shellharbour City Council v Minister for Planning [2011] NSWCA 195 • Slea Pty Ltd v Connective Services Pty Ltd (No 9) [2022] VSC 136 Category: Procedural rulings Parties: NorthWest Healthcare Australia RE Limited (Plaintiff) Australian Unity Funds Management Limited (First Defendant) Australian Unity Strategic Holdings Pty Limited (Second Defendant) Australian Unity Limited (Third Defendant) Dexus Funds Management Limited (Fourth Defendant) Dexus Wholesale Management Limited (Fifth Defendant) Dexus Property Services Limited (Sixth Defendant) Representation: Counsel: T Wong SC/S T Phillips (Plaintiff) S Nixon SC (First Defendant) A Smith (Second and Third Defendants) B Koch (Fourth Defendant)