Perpetual Trustees Victoria Limited v English & Anor [2010] NSWCA 32

New South Wales Court of Appeal

CITATION: Perpetual Trustees Victoria Limited v English & Anor [2010] NSWCA 32 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 12 February 2010

JUDGMENT DATE: 12 March 2010

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

(1) Perpetual's appeal against the dismissal of its claim against Ms English be dismissed. (2) Perpetual pay Ms English's costs of the appeal. (3) Perpetual's appeal against the dismissal of its claim against Mr English be allowed. (4) Perpetual be granted leave to further amend its amended statement of claim to claim the relief against Mr English identified in the notice of appeal. DECISION: (5) The further amended statement of claim be filed within 14 days. (6) Perpetual file within 14 days of these orders short minutes of order giving effect to the judgment to the extent that additional orders are required in consequence of the appeal being allowed. (7) If Ms English disputes the terms of the proposed short minutes of order: (a) Perpetual should file brief written submissions accompanying the short minutes of order supporting the terms of the orders it proposes; and (b) Ms English should file within 14 days of these orders alternative short minutes of order accompanied by brief written submissions supporting the terms of the orders she proposes. (8) Mr English pay the costs of Perpetual's appeal against dismissal of its claim against Mr English. (9) Perpetual, if otherwise qualified, have a certificate under the Suitors' Fund Act 1951.