Cappello & Anor v Scrivener & Anor (No 2) [2021] NSWSC 168

Supreme Court New South Wales

Medium Neutral Citation: Cappello & Anor v Scrivener & Anor (No 2) [2021] NSWSC 168 Hearing dates: 25 February 2021 Decision date: 02 March 2021 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Both defendants liable to pay equitable compensation to the second plaintiff; defendants granted leave to re-open; no order made for indemnity costs Catchwords: JUDGMENTS AND ORDERS – what orders should be made to reflect reasons in primary judgment – whether first defendant as well as second defendant liable to pay equitable compensation – quantum of equitable compensation PRACTICE AND PROCEDURE – application by defendants for leave to re-open to tender documents produced on subpoena – where documents relevant to quantum – small number of documents – whether explanation offered by defendants adequate – whether exceptional circumstances shown – whether justice of case requires that leave be granted Legislation Cited: Uniform Civil Procedure Rules 2005 NSW Cases Cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 Cappello & Anor v Scrivener & Anor [2020] NSWSC 1748 Gaskin v Ollerenshaw [2010] NSWSC 788 Goodman Fielder Consumer Foods Pty Ltd v Graincorp Foods Australia Pty Ltd [2020] NSWSC 706 Inspector-General in Bankruptcy v Bradshaw [2006] FCA 22 Marriner v Australian Super Developments Pty Ltd [2016] VSCA 141 NM Rural Enterprises Pty Ltd v Rimanui Farms Ltd [2011] NSWSC 1561 Movie Network Channels Pty Ltd v Optus Vision Pty Ltd [2009] NSWSC 132 Urban Transport Authority of NSW v Nweiser (1991) 28 NSWLR 471 Wentworth v Woollahra Municipal Council (No 2) (1982) 149 CLR 672 Category: Costs Parties: John Cappello (First Plaintiff) Shaka Holdings Pty Ltd (Second Plaintiff) John Sidney Scrivener (First Defendant) Tuscany Corporation Pty Ltd (Second Defendant) Representation: Counsel: D R Pritchard SC with D W Rayment (Plaintiffs) D B Studdy SC (Defendants)