Lendlease Corporation Limited v Pallas

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJLENDLEASE CORPORATION LIMITED & ANOR            APPELLANTSANDDAVID WILLIAM PALLAS AND JULIE ANN PALLAS AS TRUSTEES FOR THE PALLAS FAMILY SUPERANNUATION FUND & ANOR              RESPONDENTSLendlease Corporation Limited v Pallas[2025] HCA 19Date of Hearing: 5 November 2024Date of Judgment: 7 May 2025S108/2024ORDER1.Appeal allowed.2.Set aside the order made by the Court of Appeal of the Supreme Court of New South Wales on 17 April 2024 and, in its place, order that the separate question stated by Ball J on 13 September 2023 be answered in the affirmative.3.Each party's costs of the appeal be its costs in the proceeding in the Supreme Court of New South Wales.4.The appellants pay the costs of the contradictor in the appeal. On appeal from the Supreme Court of New South WalesRepresentationE A Collins SC with C G Winnett and B Lambourne for the appellants (instructed by Herbert Smith Freehills)W A D Edwards KC with R J May for the respondents (instructed by Maurice Blackburn Lawyers)K C Morgan SC with Z L M Hillman as contradictor (instructed by MinterEllison)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSLendlease Corporation Limited v Pallas Representative actions – Practice and procedure – Orders – Notices to group members – Where representative proceeding under Pt 10 of Civil Procedure Act 2005 (NSW) ("CPA") – Where defendant proposed to provide notice ("proposed notice") setting out its intention to seek certain order if...