NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Maximus Holdings (NSW) Pty Limited trading as Schreuder Partners Compensation Lawyers (ABN 40 110 829 868) v Sandra Primerano [2024] NSWSC 321 Hearing dates: 18 March 2024 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Equity Before: Pike J Decision: (1) Order the defendant to pay damages to the plaintiff in the sum of $75,000. (2) Order the defendant to pay the plaintiff's costs of the proceedings in the specified gross sum of $104,140.28. Catchwords: CIVIL PROCEDURE – default judgment where no appearance by defendant – damages proved – no need for declaratory relief
CONTRACT – breach of contract – employment contract – misleading or deceptive conduct by former employee – breach of contractual, fiduciary and statutory duties DAMAGES – assessment – damage to reputation COSTS – gross sum costs order – where sufficient information before the Court to enable the grant of a gross sum costs order Legislation Cited: Competition and Consumer Act 2010 (Cth) - Schedule 2 Australian Consumer Law Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Baltic Shipping Company v Dillon (1993) 176 CLR 344 Bell v Hartnett Lawyers (No 4) [2023] NSWSC 1592 Cryeng Pty Limited v Loyola [2011] FCA 956 FAI General Insurance Co Limited v RAIA Insurance Brokers Limited (1992) 108 ALR 479 Flamingo Park Pty Limited v Dolly Creation Pty Limited (1986) 65 ALR 500 Geneva Laboratories Limited v Prestige Premium Deals Pty Ltd (No 5) (2017) 122 IPR 279; [2017] FCA 63 Obela Fresh Dips and Spreads Pty Ltd v Coetzee [2020] NSWSC 1862 RAIA Insurance Brokers Limited v FAI General Insurance Co Limited (1993) 41 FCR 164 Texts Cited: Nil Category: Principal judgment Parties: Maximus Holdings (NSW) Pty Limited trading as Schreuder Partners Compensation Lawyers (ABN 40 110 829 868) (Plaintiff) Sandra Primerano (Defendant) Representation: Counsel: Mr N Furlan (Plaintiff) Solicitors: Sasphire Legal (Plaintiff) File Number(s): 2022/00257991 Publication restriction: Nil
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