Perpetual Trustee Company Ltd v CTC Group Pty Ltd (No 3)

In the proceedings before the Court of Appeal of New South Wales, Perpetual Trustee Company Ltd (Perpetual) was the applicant, and CTC Group Pty Ltd (CTC Group) was the respondent. The dispute concerned consequential orders following a prior determination, with the primary focus on the quantum of damages to be awarded to Perpetual.

The central legal issue before the Court of Appeal was whether the proceedings should be remitted to the Common Law Division for the determination of the quantum of damages. This involved considering the appropriate procedural steps to be taken to finalise the matter, particularly in light of the absence of any outstanding issues of principle.

The Court of Appeal reasoned that the Common Law Division was the appropriate forum to assess and determine the amount of damages payable to Perpetual. By remitting the proceedings, the Court ensured that the assessment of damages and any consequential orders, including those relating to costs, would be handled by the division with the relevant expertise. The Court made no orders that departed from this principle, indicating a straightforward procedural step was required.

Consequently, the Court ordered that the proceedings be remitted to the Common Law Division for the determination of the quantum of damages and any consequential orders. The costs of the present application were ordered to be borne by the same party, and to the same extent, as would be determined by the Common Law Division in respect of the costs of the remitted hearing.