Ng v Filmlock Pty Ltd (No 2) [2015] NSWCA 59

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ng v Filmlock Pty Ltd (No 2) [2015] NSWCA 59 Hearing dates: On the papers Date of orders: 19 March 2015 Decision date: 19 March 2015 Before: Emmett JA; Gleeson JA, Tobias AJA Decision: (1) Order (3) made on 13 November 2014 be varied to read as follows: "(3) The matter be remitted to Pembroke J for a new trial on the question of the quantum of damages to which the Vendors are entitled, including any application that a party may wish to make to adduce evidence as to the value of the land the subject of the deed of option entered into on 21 November 2005."

(2) The notice of motion filed on 26 November 2014 be otherwise dismissed.

(3) The applicants on the motion pay the respondent's costs of the motion. Catchwords: PROCEDURE – judgments and orders – motion to set aside orders – whether a substantial wrong or miscarriage was occasioned by the primary judge's error – whether, therefore, the necessary precondition to the Court's original order providing for limited remitter was satisfied – Uniform Civil Procedure Rules 2005 (NSW), r 51.53 Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 51.53 Cases Cited: Banque Commerciale SA (en liquidation) v Akhil Holdings Ltd [1990] HCA 11; 169 CLR 279 Category: Procedural and other rulings Parties: Samuel Ng (First Applicant) Nissi Investments Pty Ltd (ACN 112 933 436) (Second Applicant) Filmlock Pty Ltd (ACN 054 610 052) (First Respondent) Jakesam Developments Pty Ltd (in liq) (ACN 061 154 729) (Second Respondent) Pearse Property Group Pty Ltd (ACN 086 946 849) (Third Respondent) JGT Investments Pty Ltd (in liq) (ACN 111 076 398) (Fourth Respondent) Representation: Counsel: Mr BA Coles QC with Mr OR Jones (Applicants) Ms L Chan (Respondents)