Northern Beaches Council v Built Development (Manly) Pty Ltd [2018] NSWCA 193

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Northern Beaches Council v Built Development (Manly) Pty Ltd [2018] NSWCA 193 Hearing dates: 23 August 2018 Date of orders: 23 August 2018 Decision date: 03 September 2018 Before: Basten JA, White JA Decision: (1) Grant the applicant leave to appeal from the judgment in the Equity Division given on 25 May 2018. (2) Direct that the applicant file within seven days a notice of appeal in the form of the draft notice of appeal contained in the white folder filed on 20 August 2018. (3) Allow the appeal and set aside order (1) made on 25 May 2018 and the order as to costs of the motion made on 29 May 2018. (4) In lieu thereof, order that the amended notice of motion dated 21 May 2018 be dismissed and that the plaintiffs pay the defendant's costs of the motion. (5) Order that the respondents pay the applicant's costs of the proceedings in this Court. Catchwords: APPEAL – interlocutory ruling – strike out of part of commercial list response – application of Practice Note

CIVIL PROCEDURE – strike out of part of commercial list response – whether primary judge misunderstood scope of pleaded case – relevance of context to allegations of misrepresentation and estoppel Legislation Cited: Local Government (General) Regulation 2005 (NSW) Civil Procedure Act 2005 (NSW), Pt 6 Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law, s 18 Cases Cited: In Re the Will of F B Gilbert (Deceased) (1946) 46 SR (NSW) 318 Category: Principal judgment Parties: Northern Beaches Council (Applicant) Built Development (Manly) Pty Ltd (First Respondent) Athas Holdings Pty Ltd (Second Respondent) Built Development Group Pty Ltd (Third Respondent) Representation: Counsel: R Cheney SC with B Connell (Applicant) C H Withers with F T Roughley (Respondents)