Perpetual Trustee Company Ltd v CTC Group Pty Ltd (No 3) [2014] NSWCA 290

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Perpetual Trustee Company Ltd v CTC Group Pty Ltd (No 3) [2014] NSWCA 290 Hearing dates: On the papers Decision date: 28 August 2014 Before: Macfarlan JA Meagher JA Barrett JA Decision: The Court orders that: (1) The proceedings be remitted to the Common Law Division to determine the amount of damages to be awarded to Perpetual and to make any consequential orders as to costs or otherwise. (2) The costs of the present application be paid by the same party, and to the same extent, as may be ordered by the Common Law Division in respect of the costs of the hearing on the remitter. [Note: 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.] Catchwords: PRACTICE AND PROCEDURE - consequential orders - proceedings remitted to Common Law Division to determine quantum of damages - no issue of principle Category: Consequential orders Parties: Perpetual Trustee Company Ltd (Appellant) CTC Group Pty Ltd (Respondent) Representation: Counsel: J B Simpkins SC (Appellant) J E Maconachie QC (Respondent) Solicitors: Gadens (Appellant) Gilchrist Connell (Respondent) File Number(s): CA 2006/266040 Decision under appeal Jurisdiction: 9111 Citation: Perpetual Trustee Company Limited v El-Bayeh [2010] NSWSC 1487; Perpetual Trustee Company Limited v El-Bayeh (No. 2) [2011] NSWSC 1049 Before: McCallum J File Number(s): SC 2006/266040