Ng v Filmlock Pty Ltd (No 2)

The applicants, Ng and others, sought to set aside orders made by the primary judge in proceedings against the respondent, Filmlock Pty Ltd. The dispute concerned the quantum of damages to which the vendors were entitled. The matter came before the Court of Appeal of New South Wales, constituted by Emmett and Gleeson JJA and Tobias AJA.

The central legal issue before the Court of Appeal was whether a substantial wrong or miscarriage of justice had been occasioned by the primary judge's error. This determination was crucial for establishing whether the necessary precondition to the Court's original order, which provided for a limited remitter, had been satisfied under rule 51.53 of the Uniform Civil Procedure Rules 2005 (NSW).

The Court found that the primary judge's error did occasion a substantial wrong or miscarriage. Consequently, the Court varied its previous order of 13 November 2014. The variation stipulated that the matter be remitted to Pembroke J for a new trial specifically on the question of the quantum of damages payable to the vendors. This new trial would also allow for any applications by the parties to adduce evidence regarding the value of the land subject to the deed of option entered into on 21 November 2005. The applicants' notice of motion was otherwise dismissed, and they were ordered to pay the respondent's costs of the motion.