Mitry v Chardnas Pty Ltd [2008] NSWSC 359

Mitry v Chardnas Pty Ltd [2008] NSWSC 359

Because the defendants submitted that quantum and entitlement to damages were inextricably linked, it was unwise to divide the proceedings in the manner sought by the plaintiff; the application for separate determination was refused. The hearing was vacated due to the plaintiff's late inability to prove damages arising from the misunderstanding, but only on the basis that the plaintiff pay the defendants' costs thrown away by the adjournment.

Jurisdiction
Australia
Judgment Date
14 April 2008
Procedural Posture
Procedure Preliminary Issues / Pre Trial Application to Determine Part of the Statement of Claim and the Whole Cross Claim Separately Before Assessment of Quantum; Application to Vacate Trial
Outcome
Application refused. Trial vacated. Plaintiff to pay defendants' costs thrown away.
Legal Topics
['preliminary Issues' 'separate Determination of Issues' 'trial Vacation' 'costs Thrown Away' 'damages and Quantum']
['civil Procedure'] ['preliminary Issues' 'separate Determination of Issues' 'trial Vacation' 'costs Thrown Away' 'damages and Quantum']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Procedure Preliminary Issues / Pre Trial Application to Determine Part of the Statement of Claim and the Whole Cross Claim Separately Before Assessment of Quantum; Application to Vacate Trial

Legal Issues

  1. 1 ["Whether part of the plaintiff's statement of claim and the entirety of the cross-claim should be determined separately and in advance of assessment of quantum of any loss sustained by the plaintiff." 'Whether the hearing should be vacated following refusal of the application for separate determination.' "Whether the plaintiff should pay the defendants' costs thrown away by the adjournment."]

Ratio Decidendi

Because the defendants submitted that quantum and entitlement to damages were inextricably linked, it was unwise to divide the proceedings in the manner sought by the plaintiff; the application for separate determination was refused. The hearing was vacated due to the plaintiff's late inability to prove damages arising from the misunderstanding, but only on the basis that the plaintiff pay the defendants' costs thrown away by the adjournment.

Court Disposition

Application refused. Trial vacated. Plaintiff to pay defendants' costs thrown away.

Orders

  • ["The plaintiff's application for separate determination was rejected." 'The hearing was vacated.' "The plaintiff is to pay the defendants' costs thrown away by the adjournment." 'The matter is stood over before the Registrar at 9.30am on Tuesday 15 April 2008 for directions.']