NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: KCPC Pty Ltd v Ivamar Pty Ltd (No 2) [2024] NSWSC 655 Hearing dates: On the papers (Written submissions received on 18, 26, 30 April and 3 May 2024) Date of orders: 29 May 2024 Decision date: 29 May 2024 Jurisdiction: Common Law Before: Walton J Decision: The plaintiffs shall file and serve Short Minutes of Order reflecting this judgment and the previously agreed elements of the originally filed Short Minutes of Order within 7 days of the publishing of this judgment. Catchwords: CONTRACTS – remedies – damages – assessment of damages – assessment of interest – s 100 Civil Procedure Act 2005 (NSW) – orders COSTS –broad brush assessment – legal principles apportionment – mixed success in primary judgment and cross-claim – determination Legislation Cited: Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Cases Cited: KCPC Pty Ltd v Ivamar Pty Ltd [2024] NSWSC 322 Kvelde v State of New South Wales (No 2) [2024] NSWSC 196 Category: Consequential orders Parties: KCPC Pty Ltd (First Plaintiff) Khatambuhl Somerset Pty Ltd (Second Plaintiff) Silknote Pty Ltd (Third Plaintiff) Patricia Anne Wallace (Fourth Plaintiff) Ivamar Pty Ltd (First Defendant) Mark Ivan Burke (Second Defendant) Ivan Burke (Third Defendant) Representation: Counsel: A Connolly (Plaintiff) P Bolster (Defendant)
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