NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Lindfield NSW Pty Ltd v Netdeen Pty Ltd trading as GJ Gardner Homes [2024] NSWSC 937 Hearing dates: 29 – 31 July 2024 Date of orders: 1 August 2024 Decision date: 01 August 2024 Jurisdiction: Equity - Commercial List Before: Elkaim AJ Decision: 1. The plaintiff is permitted to pursue the claim as particularised in MFI 7. 2. The spreadsheets forming part of MFI 7 are admitted into evidence as Exhibit G. 3. The plaintiff is to lead no further evidence in support of the claim. 4. Whatever the ultimate result of the case the plaintiff is to pay the defendant's costs for half a day of hearing together with any costs occasioned by the addition of the alternative claim. 5. The defendant has leave to make any application it considers necessary in relation to meeting the claim. Catchwords: CIVIL PROCEDURE – application to make an alternative damages claim in addition to primary claim – where defendant submits they would be unable to meet the claim without further time – held alternative claim allowed to be pursued Category: Procedural rulings Parties: Lindfield NSW Pty Ltd (Plaintiff) Netdeen Pty Ltd trading as GJ Gardner Homes (Defendant) Representation: Counsel: Mr T Castle SC (Plaintiff) Ms D Levi (Plaintiff) Mr S Couper KC (Defendant) Mr J Gooley (Defendant)
Solicitors: Addisons (Plaintiff) Thomas Geer Lawyers (Defendant) File Number(s): 2023/237902 Publication restriction: No
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