New Galaxy Investments Pty Ltd v Thomson & Ors [2017] NSWCA 153

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: New Galaxy Investments Pty Ltd v Thomson & Ors [2017] NSWCA 153 Hearing dates: 12 and 13 December 2016 Decision date: 23 June 2017 Before: Basten JA at [1] Gleeson JA at [104] Sackville AJA at [126] Decision: 2015/370773 – New Galaxy Investments Pty Ltd

(1) To the extent that New Galaxy Investments Pty Ltd requires leave to appeal from the decision of the primary judge, grant leave to appeal. (2) Appeal allowed in part. (3) Set aside orders 2, 3, 5 and 7 made on 20 November 2015. (4) Set aside orders 1, 5 and 6 made on 21 April 2016. (5) Dismiss the claims of the first to tenth plaintiffs against the third defendant (NGI) for compensation pursuant to s 74P of the Real Property Act 1900 (NSW). (6) Dismiss the claim of the second cross-claimant (GDI) against the thirteenth cross-defendant (NGI) for compensation pursuant to s 74P of the Real Property Act 1900 (NSW). (7) In the event that the parties fail to agree on the appropriate costs at first instance and on appeal, direct: (a) any application with respect to costs be made by notice of motion filed and served, together with any supporting affidavits and written submissions (not exceeding 5 pages) within 28 days of the date of this judgment; (b) the respondent to any such application file and serve any affidavits, together with written submissions (not exceeding 5 pages), in reply within 7 days thereafter; (c) any such application will be dealt with on the papers.