Cudgegong Australia Pty Limited v Sydney Metro [2018] NSWCA 298

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cudgegong Australia Pty Limited v Sydney Metro [2018] NSWCA 298 Hearing dates: 21 November 2018 Decision date: 07 December 2018 Before: Meagher JA at [1]; Leeming JA at [2 ]; Sackville AJA at [3] Decision: 1. The applicant's (Cudgegong) notice of appeal filed on 12 July 2018 be dismissed as incompetent. 2. The applicant pay the respondent's (Sydney Metro) costs of the motion filed on 2 August 2018 insofar as it seeks an order dismissing the notice of appeal as incompetent. 3. The applicant be granted leave to appeal. 4. The applicant be directed to file and serve the notice of appeal within seven days. 5. Allow the appeal. 6. Set aside the orders made by Davies J on 21 June 2018, and in lieu thereof dismiss the notice of motion filed 13 October 2017. 7. Order the respondent to pay the applicant's costs of the Notice of Motion filed in the Common Law Division on 13 October 2017. 8. Order the respondent to pay the applicant's costs of the appeal (including the application for leave to appeal). Catchwords: CIVIL PROCEDURE — Summary disposal —Dismissal of proceedings — No reasonable cause of action disclosed — where primary Judge dismissed the proceedings — where respondent relied on estoppel by representation — where respondent did not adduce evidence to address several critical matters — whether a high degree of certainty about the ultimate outcome should the proceedings go to trial in the ordinary way – where the respondent may also have available arguments based on issue estoppel and conventional estoppel should the matter proceed to trial Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Supreme Court Act 1970 (NSW) Transport Administration Act 1988 (NSW) Transport Administration Amendment (Sydney Metro) Act 2018 (NSW)