NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Searle v Commonwealth of Australia (No.10) [2024] NSWSC 1275 Hearing dates: 24 September 2024 Date of orders: 24 September 2024 Decision date: 24 September 2024 Jurisdiction: Common Law Before: Garling J Decision: See 44 (1) Addendum Catchwords: CIVIL PROCEDURE – Representative proceedings – Conduct of proceedings – Motion brought by the defendant seeking leave to rely upon Statements of Contentions – Where a court appointed Senior Referee has conducted inquiries and prepared reports for the Court in respect of damages payable to remaining group members – Where the Statements of Contentions raises the defendant's position that certain claimants failed to mitigate their losses, in circumstances where a failure to mitigate loss had not been previously pleaded in the Defence and thus had not been considered by the Senior Referee – Defendant not permitted to rely on a failure to mitigate loss argument with respect to the particular group. Legislation Cited: Not Applicable Cases Cited: Searle v The Commonwealth of Australia [2018] NSWSC 105 Searle v Commonwealth of Australia (No 9) [2023] NSWSC 215 Texts Cited: Not applicable Category: Procedural rulings Parties: Clayton William Searle (P) Commonwealth of Australia (D) Representation: Counsel: N Kidd SC / D Meyerowitz-Katz (P) L Gyles SC / S Keizer (D)
Solicitors: Levitt Robinson Solicitors (P) McCullough Robertson Lawyers (D) File Number(s): 2016/45027 Publication restriction: Not applicable
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