Dee-Tech Pty Ltd & Anor v Neddam Holdings Pty Limited [2010] NSWCA 374

New South Wales Court of Appeal

CITATION: Dee-Tech Pty Ltd & Anor v Neddam Holdings Pty Limited [2010] NSWCA 374 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 1 December 2010

JUDGMENT DATE: 22 December 2010

JUDGMENT OF: Campbell JA at 1; Young JA at 2; Sackville AJA at 3

1. Appeal allowed. 2. Set aside Orders 1, 2, 6, 7, 8, 11 and 12 made on 17 December 2009. 3. Note that the setting aside of Order 2 made on 17 December 2009 is subject to the appellants' counsel giving to the Court the usual undertaking as to damages. 4. Order that, save for Orders 3, 4, 5, 9, 10 and 11 made on 17 December 2009, the amended cross-claim filed by the respondent on 19 December 2008 be dismissed. DECISION: 5. Declare that the first appellant validly exercised the option to renew Registered Lease No 6399422Q, as varied by the Variation of Lease dated 28 May 2002, so as to create a term of three years commencing on 1 February 2008 and terminating on 31 January 2011. 6. No order is made as to the costs of the appellants' claim or of the respondent's cross-claim in the proceedings determined by the orders made on 17 December 2009. 7. Order the respondent to pay 20% of the appellants' costs of the appeal, including reserved costs. 8. Remit the proceedings to the Equity Division for determination of any outstanding issues in the appellant's statement of claim. 9. Direct that the costs of any further proceedings be determined by the Equity Division. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]