Hakea Holdings Pty Ltd v Louisiana Properties Pty Ltd [2018] NSWCA 240

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hakea Holdings Pty Ltd v Louisiana Properties Pty Ltd [2018] NSWCA 240 Hearing dates: 28 May 2018 Decision date: 24 October 2018 Before: Basten JA at [1]; Meagher JA at [113]; Preston CJ of LEC at [114] Decision: (1) Grant Louisiana Properties Pty Ltd (Louisiana) leave to file and rely upon the Notice of Contention attached to the Notice of Motion dated 5 June 2018.

(2) Refuse Louisiana's application for leave to file and rely upon the Notice of Cross-Appeal attached to its written submissions dated 26 June 2018.

(3) With respect to the appeal by Hakea Holdings Pty Ltd and Caverstock Group Pty Ltd ("the appellants") from orders made in the Land and Environment Court in proceedings 2016/261922: (a) allow the appeal and set aside orders (1)-(10) entered on 24 November 2017; (b) in lieu thereof, order that proceedings 2016/261922 be dismissed; (c) order that Louisiana pay the appellants' costs of those proceedings.

(4) With respect to the appeal by Hakea Holdings Pty Ltd from the award of damages made on Louisiana's cross-claim in proceedings 2016/322081: (a) to the extent necessary, grant Hakea leave to appeal against order 4 (ordering payment of $30,000 by way of exemplary damages to Louisiana) entered on 17 May 2017; (b) allow the appeal and set aside the order; (c) in lieu thereof, substitute an order dismissing the cross-summons; (d) order that Louisiana pay Hakea's costs of the proceedings, in the Equity Division and in the Land and Environment Court.