Wang v Shu [2014] NSWSC 1463

Wang v Shu [2014] NSWSC 1463

The quantification of the claim for equitable compensation and the statutory damages is closely connected with the equitable inquiry/account process, so it is more convenient, just and efficient to defer quantification until after liability is determined, to be conducted concurrently with any ordered inquiry or account.

Parties
Plaintiff: Anling Wang; First Defendant: Qiang Shu; Second Defendant: International Antique Investment Pty Ltd ACN 127 551 688; Third Defendant: Lu Lu
Jurisdiction
Australia
Judgment Date
24 October 2014
Procedural Posture
Equity Division Civil Proceeding / Ruling on Motion for Separate Determination of Quantification
Outcome
Application granted in part
Legal Topics
Separate Question, Quantification of Compensation, Inquiry or Account
Civil Procedure Equity Separate Question Quantification of Compensation Inquiry or Account

Case Brief

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Parties

Anling Wang

Plaintiff

Qiang Shu

First Defendant

International Antique Investment Pty Ltd ACN 127 551 688

Second Defendant

Lu Lu

Third Defendant

Procedural Posture

Equity Division Civil Proceeding / Ruling on Motion for Separate Determination of Quantification

Legal Issues

  1. 1 Whether quantification of claim for equitable compensation and damages under the Competition and Consumer Act 2010 should be determined separately and after other issues

Ratio Decidendi

The quantification of the claim for equitable compensation and the statutory damages is closely connected with the equitable inquiry/account process, so it is more convenient, just and efficient to defer quantification until after liability is determined, to be conducted concurrently with any ordered inquiry or account.

Court Disposition

Application granted in part

Orders

  • Pursuant to Uniform Civil Procedure Rules, r 28.2, the quantification of the claim for equitable compensation and of the damages or other compensation under paragraphs 15 and 16 of the Statement of Claim (but not those in paragraphs 12-14) be determined separately and after other relief; such quantification to be...
  • Costs of the motion be the plaintiff's costs in the proceedings.