Zerofootprint Software Inc. & Anor v A2green Pty Ltd & Ors [2013] NSWSC 1865

Zerofootprint Software Inc. & Anor v A2green Pty Ltd & Ors [2013] NSWSC 1865

The court ordered separate determination because the proceeding had a sufficiently clear line of demarcation between liability and damages, quantum would likely require costly expert evidence from forensic accountants and industry experts, and the equitable relief sought meant that if the plaintiffs succeeded they should make an informed election between damages and an account of profits before quantum evidence was prepared and heard. Those advantages were not displaced by the defendants' objections and were consistent with the Civil Procedure Act 2005 objective of efficient, just, quick and cheap resolution.

Jurisdiction
Australia
Judgment Date
11 December 2013
Procedural Posture
Interlocutory Application in Equity Division Proceedings / Plaintiffs' Motion Under UCPR R 28.2 for Separate Determination of Liability Before Quantum
Outcome
Plaintiffs' motion granted; quantum to be determined separately and after liability.
Legal Topics
['separate Determination of Questions' 'separation of Liability and Quantum' 'damages and Account of Profits' 'shareholders Agreement' 'intellectual Property Licence Agreement' 'alleged Breach of Director Duties' 'alleged Misuse of Confidential Information']
['civil Procedure' 'equity' 'commercial Law' 'confidential Information'] ['separate Determination of Questions' 'separation of Liability and Quantum' 'damages and Account of Profits' 'shareholders Agreement' 'intellectual Property Licence Agreement' 'alleged Breach of Director Duties' 'alleged Misuse of Confidential Information']

Case Brief

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Procedural Posture

Interlocutory Application in Equity Division Proceedings / Plaintiffs' Motion Under UCPR R 28.2 for Separate Determination of Liability Before Quantum

Legal Issues

  1. 1 ['Whether all issues other than damages and/or accounts of profit should be heard and determined before the hearing and determination of damages and/or accounts of profit.' 'Whether the proceeding presented a sufficiently clear demarcation between liability and quantum issues to justify separate determination.' 'Whether separate determination would facilitate the just, quick and cheap resolution of the real issues in the proceedings.']

Ratio Decidendi

The court ordered separate determination because the proceeding had a sufficiently clear line of demarcation between liability and damages, quantum would likely require costly expert evidence from forensic accountants and industry experts, and the equitable relief sought meant that if the plaintiffs succeeded they should make an informed election between damages and an account of profits before quantum evidence was prepared and heard. Those advantages were not displaced by the defendants' objections and were consistent with the Civil Procedure Act 2005 objective of efficient, just, quick and cheap resolution.

Court Disposition

Plaintiffs' motion granted; quantum to be determined separately and after liability.

Orders

  • ['Pursuant to r 28.2, any question of the quantum of any compensation or damages which might be payable by the defendants, or any of them, to the plaintiffs, be determined separately and after the trial of the proceedings on liability.']