Macquarie Publications Pty Ltd v Coles Supermarkets Australia Pty Ltd [2020] NSWSC 987

Macquarie Publications Pty Ltd v Coles Supermarkets Australia Pty Ltd [2020] NSWSC 987

Macquarie did not discharge its onus of showing that severance of liability and quantum was appropriate. Although damages evidence would add cost and liability and quantum involved different but related expert inquiries, any saving in time or cost was speculative: if Macquarie succeeded on liability it might still need expert damages evidence to satisfy Coles or the Court, a prior mediation had failed, Coles doubted quantum would be agreed, severance could increase costs if agreement were not reached, and the application was brought very late.

Jurisdiction
Australia
Judgment Date
30 July 2020
Procedural Posture
Equity Commercial List Civil Proceedings Concerning Lease Car Parking Charges and Damages / Plaintiff's Notice of Motion Seeking Separate Determination of Liability Before Damages Under R 28.2 of the Uniform Civil Procedure Rules 2005 (nsw)
Outcome
Application to sever liability and quantum refused; plaintiff's notice of motion dismissed with costs.
Legal Topics
['separate Question' 'severance of Liability and Damages' 'expert Evidence on Quantum' 'lease Car Parking Fees' 'costs of Separate Determination']
['civil Procedure' 'equity' 'commercial Law' 'contract Law'] ['separate Question' 'severance of Liability and Damages' 'expert Evidence on Quantum' 'lease Car Parking Fees' 'costs of Separate Determination']

Case Brief

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Procedural Posture

Equity Commercial List Civil Proceedings Concerning Lease Car Parking Charges and Damages / Plaintiff's Notice of Motion Seeking Separate Determination of Liability Before Damages Under R 28.2 of the Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ['Whether the questions of liability should be heard and determined in advance and separately from the question of damages.' 'Whether Macquarie had shown that separate determination would likely save time and costs or otherwise be appropriate.' 'Whether quantum issues were sufficiently distinct from liability issues to justify deferring expert evidence on damages.']

Ratio Decidendi

Macquarie did not discharge its onus of showing that severance of liability and quantum was appropriate. Although damages evidence would add cost and liability and quantum involved different but related expert inquiries, any saving in time or cost was speculative: if Macquarie succeeded on liability it might still need expert damages evidence to satisfy Coles or the Court, a prior mediation had failed, Coles doubted quantum would be agreed, severance could increase costs if agreement were not reached, and the application was brought very late.

Court Disposition

Application to sever liability and quantum refused; plaintiff's notice of motion dismissed with costs.

Orders

  • ["The plaintiff's notice of motion of 30 June 2020 is dismissed with costs."]