NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Owners - SP69567 v Landson Alliance Australia [2014] NSWSC 1592 Hearing dates: 07/11/2014 Decision date: 07 November 2014 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Dismiss application for summary dismissal / strike-out. Catchwords: PROCEDURE - application for summary dismissal or strike - out - whether to grant summary dismissal in whole or in part - where plaintiff puts it case in two ways - whether plaintiff owed any duty of care -whether proposition that plaintiff's case is one of "indirect reliance" is bad in law and cannot be sustained - whether plaintiff has suffered any loss - where overlap between issues arising under the separate ways in which the case is pleaded - where overlap likely to be extensive - where all evidence is not yet before the court Legislation Cited: Civil Procedure Act 2005 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Agar v Hyde (2000) 201 CLR 552 The Owners-Strata Plan 61288 v Brookfield Australia Investments Ltd (2013) 85 NSWLR 479 Brookfield Multiplex Ltd v Owners - Strata Plan No 61288 [2014] 88 ALJR 911 Bryan v Maloney (1995) 182 CLR 609 Built NSW v Evolvebuilt Contracting [2014] NSWSC 255 Digi-tech (Australia) Ltd v Brand (2004) 62 IPR 184 at [155] General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Imperial Tarmacadam and Asphalting Company Pty Ltd v St George Bank Ltd [2009] NSWSC 1287 Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (2008) 73 NSWLR 653 Janssen-Cilag Pty Ltd v Pfizer Ltd (1992) 37 FCR 526 Johnson Controls Australia Pty Ltd v Webb Australia Group (NSW) Pty Ltd (2013) 96 ACSR 640 Wickstead v Browne (1992) 30 NSWLR 1 Wickstead v Browne (1993) 10 Leg Rep SL 2 Category: Procedural and other rulings Parties: The Owners - Strata Plan 69567 (Plaintiff) Landson Alliance Australia Pty Limited (First Defendant) Landson International Pty Limited (Second Defendant) Representation: Counsel: F G Kalyk (Plaintiff) R E Dubler SC (Defendants) Solicitors: Bannermans Lawyers (Plaintiff) Curwoods Lawyers (Defendants) File Number(s): 2012/378591
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