The National Computing Centre Ltd v Woolworths Ltd [1997] FCA 1329

The National Computing Centre Ltd v Woolworths Ltd [1997] FCA 1329

This is an appropriate case to order that the issue of liability be tried separately from quantum, given the discrete nature of liability and damages issues, the likelihood of unnecessary discovery and evidence if liability fails, and the relatively minor inconvenience concerning witness travel. Consequently, orders 1 and 2 in the applicant's notice of motion are granted, and the respondent is to pay the applicant's costs of the motion.

Parties
Applicant: The National Computing Centre Ltd; Respondent: Woolworths Ltd
Jurisdiction
Australia
Judgment Date
17 November 1997
Procedural Posture
Motion / Interlocutory Application
Outcome
Application granted
Legal Topics
Copyright, Damages, Discovery, Separate Trials
Intellectual Property Copyright Damages Discovery Separate Trials

Case Brief

Summary, issues, holding and outcome

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Parties

The National Computing Centre Ltd

Applicant

Woolworths Ltd

Respondent

Procedural Posture

Motion / Interlocutory Application

Legal Issues

  1. 1 Whether issues of liability should be tried separately from issues of quantum (damages)
  2. 2 Appropriateness of orders for discovery in relation to separate trial of liability
  3. 3 Entitlement to costs of the motion

Ratio Decidendi

This is an appropriate case to order that the issue of liability be tried separately from quantum, given the discrete nature of liability and damages issues, the likelihood of unnecessary discovery and evidence if liability fails, and the relatively minor inconvenience concerning witness travel. Consequently, orders 1 and 2 in the applicant's notice of motion are granted, and the respondent is to pay the applicant's costs of the motion.

Court Disposition

Application granted

Orders

  • Orders numbered 1 and 2 in applicant's notice of motion granted (separate trial of liability and consequential orders as to discovery)
  • Respondent to pay applicant's costs of the motion dated 27 October 1997