Huang v Drumm [2017] NSWCA 29

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Huang v Drumm [2017] NSWCA 29 Hearing dates: 21 February 2017 Decision date: 21 February 2017 Before: Beazley ACJ; Macfarlan JA Decision: 1. Leave to appeal is granted.

2. Costs of the summons seeking leave to appeal are costs in the appeal. Catchwords: APPEAL – application for leave to appeal – circumstances where grant of leave appropriate – important matters of principle raised by proposed appeal – underlying proceedings in District Court seeking equitable compensation for breach of trust and/or fiduciary duty – dispute as to jurisdiction of District Court to entertain claim Legislation Cited: District Court Act 1973 (NSW) Cases Cited: McDonough v The Owners Strata Plan No 57504 [2014] NSWSC 1708 Category: Principal judgment Parties: Biru Huang (Applicant) Bernard Joseph Drumm (Respondent) Representation: Counsel: J T Svehla (Applicant) D F Elliott (Respondent)

Solicitors: Koffels (Applicant) Lander & Rogers (Respondent) File Number(s): 2016/233914 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Date of Decision: 8 July 2016 Before: Williams DCJ SC File Number(s): 2016/96823

[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.]