NSW Caselaw
New South Wales Court of Appeal
CITATION: HTT Huntley Heritage Pty Ltd v Land Enviro Corp Pty Ltd [2009] NSWCA 359
HEARING DATE(S): 3 November 2009
JUDGMENT DATE: 3 November 2009
JUDGMENT OF: McColl JA at 1, 11; Campbell JA at 9
EX TEMPORE JUDGMENT DATE: 3 November 2009
DECISION: Application for leave to appeal dismissed with costs
CATCHWORDS: APPEAL – application for leave to appeal from refusal to strike out paragraphs of pleadings – whether refusal consistent with earlier judicial direction
LEGISLATION CITED: Supreme Court Act 1970 (NSW) Trade Practices Act 1974 (Cth)
CATEGORY: Principal judgment
House v R [1936] HCA 40; (1936) 55 CLR 499 CASES CITED: Land Enviro Corp Pty Limited v HTT Huntley Heritage Pty Limited [2008] NSWSC 185; (2008) 72 NSWLR 160 Land Enviro Corp Pty Limited v HTT Huntley Heritage Pty Limited [2009] NSWCS 711
PARTIES: HTT Huntley Heritage Pty Ltd - Applicant Land Enviro Corp Pty Ltd - Respondent
FILE NUMBER(S): CA 40298 of 2009
COUNSEL: N C Hutley SC with M W Sneddon and F Maghami - Applicant T Jucovic QC with S A Wells - Respondent
SOLICITORS: Gillard Consulting Lawyers - Applicant TressCox Lawyers - Respondent
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 2005 of 2007
LOWER COURT JUDICIAL OFFICER: Smart AJ
LOWER COURT DATE OF DECISION: 28 July 2009
LOWER COURT MEDIUM NEUTRAL CITATION: [2009] NSWSC 711
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40298/09 SC 2005/07
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