Perera v Genworth Financial Mortgage Insurance Pty Limited

Perera (the applicant) sought leave to appeal from a decision of the primary judge who had struck out the applicant's statement of claim. The respondent was Genworth Financial Mortgage Insurance Pty Limited. The applicant's claim alleged a novel duty of care owed by the respondent.

The central legal issues before the Court of Appeal were whether the applicant's case raised an arguable matter of principle, and whether the primary judge's exercise of the strike-out power had resulted in a substantial injustice to the applicant.

The Court of Appeal, comprising McColl and Leeming JJA, considered that the applicant's proposed appeal raised an arguable matter of principle concerning the scope of duties of care in novel circumstances, and that the strike-out of the statement of claim might have occasioned a substantial injustice. The Court therefore granted leave to appeal.

The Court ordered that leave to appeal be granted, that the matter be stood into the Registrar's list for directions on 27 April 2016, and that the costs of the leave application be costs in the appeal.