Vasilis Floros Moshos v Kenneth Geoffrey French [2014] NSWSC 549

Vasilis Floros Moshos v Kenneth Geoffrey French [2014] NSWSC 549

The order for a separate hearing on liability under r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW) is to be construed as including only the issues of contract formation, breach, and trust, and not the entitlement to a decree of specific performance, which may be addressed in a later hearing if necessary.

Jurisdiction
Australia
Judgment Date
08 May 2014
Procedural Posture
Civil / Procedural Ruling on the Scope of a Separate Hearing for Liability
Outcome
Court ruled that the initial hearing on liability under the order does not require a determination on specific performance.
Legal Topics
['order for Separate Questions' 'liability' 'specific Performance' 'breach of Contract' 'breach of Trust']
['civil Procedure' 'equity'] ['order for Separate Questions' 'liability' 'specific Performance' 'breach of Contract' 'breach of Trust']

Case Brief

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Procedural Posture

Civil / Procedural Ruling on the Scope of a Separate Hearing for Liability

Legal Issues

  1. 1 ["Meaning and scope of 'liability' in order for separate hearing under r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW)" 'Whether the initial hearing must determine entitlement to specific performance' 'Appropriate issues to be heard separately in proceedings seeking equitable relief and damages']

Ratio Decidendi

The order for a separate hearing on liability under r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW) is to be construed as including only the issues of contract formation, breach, and trust, and not the entitlement to a decree of specific performance, which may be addressed in a later hearing if necessary.

Court Disposition

Court ruled that the initial hearing on liability under the order does not require a determination on specific performance.

Orders

  • ['The order for separate hearing does not require the Court in the initial hearing to determine whether a decree of specific performance should be made.']