Del Casale & Ors. v. Artedomus (Aust) Pty. Limited (No.2) [2007] NSWCA 305

Del Casale & Ors. v. Artedomus (Aust) Pty. Limited (No.2) [2007] NSWCA 305

Because there was no basis for damages against Mr. Savini or Stone Arc, the enquiry as to damages was confined to Mr. Del Casale. Costs were apportioned to reflect that final relief against Mr. Savini and Stone Arc failed, relief against Mr. Del Casale partly succeeded, and the appellants were not at arms-length and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 October 2007
Procedural Posture
Appeal Concerning Form of Orders and Costs / Matter Dealt With on Written Submissions in Chambers After Reasons for Judgment on 18 July 2007
Outcome
Leave to appeal granted; appeal allowed; orders made by the trial judge on 12 April 2006 set aside and substituted orders made.
Legal Topics
['costs on Appeal' 'costs at First Instance' 'enquiry as to Damages' 'non Compete Agreement' 'jointly Represented Parties']
['practice and Procedure' 'costs' 'appeals' 'contract'] ['costs on Appeal' 'costs at First Instance' 'enquiry as to Damages' 'non Compete Agreement' 'jointly Represented Parties']

Source-derived case record

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Procedural Posture

Appeal Concerning Form of Orders and Costs / Matter Dealt With on Written Submissions in Chambers After Reasons for Judgment on 18 July 2007

Legal Issues

  1. 1 ['Whether the enquiry as to damages should be against all claimants or limited to Mr. Del Casale.' 'What costs order should be made for the proceedings at first instance.' 'What costs order should be made for the appeal and application for leave to appeal.']

Ratio Decidendi

Because there was no basis for damages against Mr. Savini or Stone Arc, the enquiry as to damages was confined to Mr. Del Casale. Costs were apportioned to reflect that final relief against Mr. Savini and Stone Arc failed, relief against Mr. Del Casale partly succeeded, and the appellants were not at arms-length and were not separately represented.

Court Disposition

Leave to appeal granted; appeal allowed; orders made by the trial judge on 12 April 2006 set aside and substituted orders made.

Orders

  • ['Grant leave to the appellants to appeal the orders made by the trial judge on 12 April 2006 ("the Orders").' 'Appeal allowed.' "Set aside the orders and in substitution thereof make the following orders: i) Declare that by arranging and effecting the importation of Pietra di Modica (by whatever name) through the...