NSW Caselaw
New South Wales Court of Appeal
CITATION: Westfield Management Ltd. & Ors. v. Direct Factory Outlets Homebush Pty. Ltd. & Ors. [2005] NSWCA 403
HEARING DATE(S): 27 October 2005
JUDGMENT DATE: 23 November 2005
JUDGMENT OF: Mason P at 1; Hodgson JA at 2; McColl JA at 40
DECISION: 1. Leave to appeal granted, Notice of Appeal to be filed within 14 days. 2. Appeal allowed, orders made on 24 December 2004 and 15 April 2005 set aside. 3. Second Further Amended Points of Claim further amended by substituting for pars.[21] to [24] the pars.[21] to [24A] filed by the claimants pursuant to leave granted by the Court of Appeal on 27 October 2005. 4. The opponents to pay one-half of the claimants' costs of the Notices of Motion dealt with on 24 December 2004 and 15 April 2005. 5. The opponents to pay the claimants' costs of the application for leave and the appeal, and to have a certificate under the Suitors' Fund Act if otherwise eligible.
CATCHWORDS: ENVIRONMENTAL LAW - PROCEDURE - Pleadings - Whether reasonable cause of action disclosed - Whether pleading otherwise acceptable - Whether summary dismissal of proceedings justified.
Corporate Affairs Commission of NSW v. Transphere Pty. Ltd. (1988) 15 NSWLR 596 Foodbarn Pty. Limited v. Solicitor-General (1985) 32 LGRA 157 House v. The King (1936) 55 CLR 499 CASES CITED: Marson Transport Pty. Ltd. [2001] NSWCA 346, 53 NSWLR 116 News Ltd. v. Australian Rugby Football League Ltd. (1996) 64 FCR 410 Pegang Mining Co. Ltd. v. Choong Sam [1969] 2 MLJ 52
Westfield Management Pty. Ltd., GPT Management Pty. Ltd. Centro Properties Ltd., Stockland Trust Management Limited - claimants Direct Factory Outlets Homebush Pty. Ltd. - 1st opponent Sanity Music Stores Pty. Ltd. - 2nd opponent PARTIES: Perfumania Pty. Ltd. t/a The Perfume Connection - 3rd opponent Colorado Group Ltd. t/a Mathers Shoes - 4th opponent Foad Haddad & Rhonda Gibson Haddad t/a Florentine Eyewear - 5th opponent
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