Todd Hadley Pty Limited v Lake Maintenance (NSW) Pty Limited [2019] NSWSC 1764

Supreme Court New South Wales

Medium Neutral Citation: Todd Hadley Pty Limited v Lake Maintenance (NSW) Pty Limited [2019] NSWSC 1764 Hearing dates: 3 December 2019 Date of orders: 03 December 2019 Decision date: 03 December 2019 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) I make the orders sought in the motion, that is that the separate question ordered by the Court of Appeal in Todd Hadley Pty Limited v Lake Maintenance (NSW) Pty Limited [2019] NSWCA 262 be removed into the Court of Appeal for determination by the Court of Appeal pursuant to r 1.21(1)(a) of the UCPR. (2) I order that costs be costs in the cause. Catchwords: CIVIL PROCEDURE — court administration — removal to Court of Appeal — order made pursuant to r 28.2 of the UCPR for the decision of a question of law separately — question of correct approach to demonstrating loss or damage arising from allegedly negligent or misleading valuation in a mortgage transaction — where existence of a conflict in legal authority in relation to determination of the separate question — removal of question into Court of Appeal ordered Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 1.21, 28.2 Cases Cited: Globe Church Incorporated v Allianz Australia Insurance Ltd [2018] NSWSC 1367 Stewart v Ronalds (2009) 76 NSWLR 99; [2009] NSWCA 277 Todd Hadley Pty Limited v Lake Maintenance (NSW) Pty Limited [2019] NSWCA 262 Category: Procedural and other rulings Parties: Lake Maintenance (NSW) Pty Limited (Plaintiff/Respondent)

Todd Hadley Pty Limited (First Defendant/Applicant) Sean McGill Pty Limited (Second Defendant/Applicant) Todd Hadley (Third Defendant/Applicant) Representation: Counsel: Ms P Thew (Plaintiff) Mr M T McCulloch SC (Defendants)