Damjan Zugic v Vesuvius Australia Pty Ltd [2018] NSWSC 1544

Damjan Zugic v Vesuvius Australia Pty Ltd [2018] NSWSC 1544

Because the plaintiff's claim was for equitable compensation and the Amended Statement of Claim pleaded facts concerning the abandonment of the Doyle land in favour of the Sylvester land, it was conceptually open to the plaintiff to contend that compensation should be calculated by reference to that sequence of events. Although the damages paragraphs did not squarely particularise the financial ramifications of abandoning the Doyle land, evidence preparation was incomplete and no hearing date had been allocated, so the plaintiff could provide further particulars and would not be precluded from quantifying the equitable compensation claim as proposed.

Jurisdiction
Australia
Judgment Date
09 October 2018
Procedural Posture
Equity Proceedings Claiming Equitable Compensation / Directions for Expert Evidence
Outcome
Orders made for expert evidence in accordance with the plaintiff's request, with amendments.
Legal Topics
['directions for Expert Evidence' 'scope of Expert Evidence Supported by Pleadings' 'equitable Compensation' 'further Particulars of Loss']
['evidence' 'equity' 'civil Procedure'] ['directions for Expert Evidence' 'scope of Expert Evidence Supported by Pleadings' 'equitable Compensation' 'further Particulars of Loss']

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Procedural Posture

Equity Proceedings Claiming Equitable Compensation / Directions for Expert Evidence

Legal Issues

  1. 1 ['Whether the scope of proposed expert evidence was supported by the Amended Statement of Claim.' 'Whether the plaintiff could quantify equitable compensation by reference to financial ramifications of abandoning the Doyle land in favour of the Sylvester land.' 'Whether the plaintiff should be precluded at the directions stage from quantifying the claim for equitable compensation as proposed.']

Ratio Decidendi

Because the plaintiff's claim was for equitable compensation and the Amended Statement of Claim pleaded facts concerning the abandonment of the Doyle land in favour of the Sylvester land, it was conceptually open to the plaintiff to contend that compensation should be calculated by reference to that sequence of events. Although the damages paragraphs did not squarely particularise the financial ramifications of abandoning the Doyle land, evidence preparation was incomplete and no hearing date had been allocated, so the plaintiff could provide further particulars and would not be precluded from quantifying the equitable compensation claim as proposed.

Court Disposition

Orders made for expert evidence in accordance with the plaintiff's request, with amendments.

Orders

  • ["Orders made in accordance with the plaintiff's Request for Expert Evidence Directions initialled by Rees J and placed with the papers, with amendments." "In Order 2 insert the details of the defendant's expert being Paul James Vincent, Chartered Accountant and founding director of Vincent's Chartered Accountants."...