Syndicate Mortgage Solutions Pty Ltd v Khaled El-Sayed & ors [2009] NSWSC 1491

Syndicate Mortgage Solutions Pty Ltd v Khaled El-Sayed & ors [2009] NSWSC 1491

The assessment of damages on the first cross-claim should be heard separately and after the other issues because the damages issues were discrete from liability, any duplication from a later damages hearing would be minimal, the need for such a hearing might never arise, deferral could produce substantial time and cost savings, and it would facilitate the cross-claimants' access to justice.

Jurisdiction
Australia
Judgment Date
15 December 2009
Procedural Posture
Notice of Motion in Equity Division Proceedings Seeking Separate Determination of Issues / Interlocutory Procedural Ruling
Outcome
Assessment of damages in respect of the first cross-claim ordered to be heard and determined separately and after the other issues in the proceedings.
Legal Topics
['separate Determination of Questions' 'assessment of Damages' 'cross Claim' 'possession of Real Property Under Securities' 'receivership']
['civil Procedure' 'equity' 'mortgage and Securities'] ['separate Determination of Questions' 'assessment of Damages' 'cross Claim' 'possession of Real Property Under Securities' 'receivership']

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Procedural Posture

Notice of Motion in Equity Division Proceedings Seeking Separate Determination of Issues / Interlocutory Procedural Ruling

Legal Issues

  1. 1 ['Whether all issues arising on the statement of claim and liability only on the first cross-claim should be determined separately and before assessment of damages on the first cross-claim.' 'Whether the question of damages on the first cross-claim was sufficiently discrete from liability issues to justify deferral.']

Ratio Decidendi

The assessment of damages on the first cross-claim should be heard separately and after the other issues because the damages issues were discrete from liability, any duplication from a later damages hearing would be minimal, the need for such a hearing might never arise, deferral could produce substantial time and cost savings, and it would facilitate the cross-claimants' access to justice.

Court Disposition

Assessment of damages in respect of the first cross-claim ordered to be heard and determined separately and after the other issues in the proceedings.

Orders

  • ['The question of the assessment of damages in respect of the first cross-claim be heard and determined separately and after the other issues in the proceedings.' "Costs of the motion be the cross-claimants' costs in the proceedings." 'The second cross-defendant not be entitled to rely at the hearing on any...