POS Media Online Limited v Queensland Investment Corporation [2000] FCA 1451

POS Media Online Limited v Queensland Investment Corporation [2000] FCA 1451

Given the nature of relief sought (specific performance, analogous relief under Trade Practices Act and estoppel) and that quantum of damages will depend on resolution of entitlement, it is appropriate in the interests of justice and convenience to determine all issues other than quantum of damages separately and first.

Parties
First Applicant: POS Media Online Limited; Second Applicant: Mall Media Australia Pty Limited; First Respondent: Queensland Investment Corporation; Second Respondent: Pacific Echo Pty Limited; Third Respondent: Eastland Property Holdings Limited; Fourth Respondent: Watergardens Pty Limited; Fifth Respondent: Perpetual Trustees Australia Limited; Sixth Respondent: Canberra Centre Investments Pty Limited; Seventh Respondent: QIC Logan Hyperdome Pty Limited; Eighth Respondent: John Clifford Longhurst
Jurisdiction
Australia
Judgment Date
22 September 2000
Procedural Posture
Application/motion / Interlocutory; Separate Determination of Liability and Quantum
Outcome
Application for separate determination granted.
Legal Topics
Separate Determination of Issues, Order 29 Rule 2 Federal Court Rules, Specific Performance, Trade Practices Act
Civil Procedure Separate Determination of Issues Order 29 Rule 2 Federal Court Rules Specific Performance Trade Practices Act

Case Brief

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Parties

POS Media Online Limited

First Applicant

Mall Media Australia Pty Limited

Second Applicant

Queensland Investment Corporation

First Respondent

Pacific Echo Pty Limited

Second Respondent

Eastland Property Holdings Limited

Third Respondent

Watergardens Pty Limited

Fourth Respondent

Perpetual Trustees Australia Limited

Fifth Respondent

Canberra Centre Investments Pty Limited

Sixth Respondent

QIC Logan Hyperdome Pty Limited

Seventh Respondent

John Clifford Longhurst

Eighth Respondent

Procedural Posture

Application/motion / Interlocutory; Separate Determination of Liability and Quantum

Legal Issues

  1. 1 Should issues of liability and relief be determined separately and prior to the issue of quantum of damages?

Ratio Decidendi

Given the nature of relief sought (specific performance, analogous relief under Trade Practices Act and estoppel) and that quantum of damages will depend on resolution of entitlement, it is appropriate in the interests of justice and convenience to determine all issues other than quantum of damages separately and first.

Court Disposition

Application for separate determination granted.

Orders

  • All issues other than the quantum of damages be determined separately from, and prior to, the question of the quantum of damages.
  • Matter listed for hearing of the issues to be determined separately from, and prior to, the question of the quantum of damages commencing at 10.15am on 13 November 2000.