Perpetual Trustee Company Ltd v CTC Group Pty Ltd (No 3) [2014] NSWCA 290

Perpetual Trustee Company Ltd v CTC Group Pty Ltd (No 3) [2014] NSWCA 290

Because the parties were unable to agree on the amount of Perpetual's damages, the damages issues required determination, and the primary judge had not dealt with quantification, the appropriate course was to remit the proceedings to the Common Law Division to determine the amount of damages and consequential orders.

Jurisdiction
Australia
Judgment Date
28 August 2014
Procedural Posture
Appeal / Consequential Orders on the Papers
Outcome
Proceedings remitted to the Common Law Division to determine damages; costs of the present application to follow the costs order made on the remitter to the same party and extent.
Legal Topics
['consequential Orders' 'remitter to Common Law Division' 'quantum of Damages' 'costs']
['practice and Procedure'] ['consequential Orders' 'remitter to Common Law Division' 'quantum of Damages' 'costs']

Case Brief

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Procedural Posture

Appeal / Consequential Orders on the Papers

Legal Issues

  1. 1 ['Whether the proceedings should be remitted to the Common Law Division to determine the amount of damages to be awarded to Perpetual.' 'What consequential orders as to costs or otherwise should be made.']

Ratio Decidendi

Because the parties were unable to agree on the amount of Perpetual's damages, the damages issues required determination, and the primary judge had not dealt with quantification, the appropriate course was to remit the proceedings to the Common Law Division to determine the amount of damages and consequential orders.

Court Disposition

Proceedings remitted to the Common Law Division to determine damages; costs of the present application to follow the costs order made on the remitter to the same party and extent.

Orders

  • ['The proceedings be remitted to the Common Law Division to determine the amount of damages to be awarded to Perpetual and to make any consequential orders as to costs or otherwise.' 'The costs of the present application be paid by the same party, and to the same extent, as may be ordered by the Common Law Division...