Mills & Anor v Ruthol Pty Ltd [2005] NSWSC 1367

Mills & Anor v Ruthol Pty Ltd [2005] NSWSC 1367

Interim payment ordered as the court was satisfied the plaintiffs would obtain judgment for substantial damages, defendant did not demonstrate undue hardship, and evidence established a conservative damages estimate exceeding the interim payment ordered.

Jurisdiction
Australia
Judgment Date
07 September 2005
Procedural Posture
Equity Proceeding / Interlocutory Hearing for Interim Payment
Outcome
Interim payment ordered
Legal Topics
['interim Payments' 'specific Performance' 'damages Assessment' 'delay Tactics']
['civil Procedure' 'equity'] ['interim Payments' 'specific Performance' 'damages Assessment' 'delay Tactics']

Case Brief

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Procedural Posture

Equity Proceeding / Interlocutory Hearing for Interim Payment

Legal Issues

  1. 1 ['Whether an interim payment should be ordered under s82 of the Civil Procedure Act 2005' 'Whether defendant would suffer undue hardship under s82(4)(c)' 'Proper calculation of interim damages']

Ratio Decidendi

Interim payment ordered as the court was satisfied the plaintiffs would obtain judgment for substantial damages, defendant did not demonstrate undue hardship, and evidence established a conservative damages estimate exceeding the interim payment ordered.

Court Disposition

Interim payment ordered

Orders

  • ['Order the defendant pay to the plaintiffs the sum of $670,000 as part of the damages sought to be recovered in this action.' 'Costs of the notice of motion to be costs in the proceedings.' 'The exhibits may be returned.']