Mojmir DAMJANOVIC v NEW SOUTH WALES EGG CORPORATION [1989] NSWCA 57

Mojmir DAMJANOVIC vy NEW SOUTH WALES EGG CORPORATION

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL MAHONEY, PRIESTLY and CLARKE JJA 5 June 1989

[1989] NSWCA 57

Mahoney JA Proceedings were had in the Equity Division of the Court between the Corporation and Mr Damjanovic in relation to matters as to which the plaintiff Corporation sought injunctions and orders in respect of the conversion of eggs.

By a judgment dated 28 March 1988 his Honour Bryson J granted injunctions and made orders that the proceedings be referred to the Master in Equity to certify matters there referred to and the amount of damages to be paid by the defendant ro the plaintiff Corporation.

Subsequently his Honour was in a position himself to deal with the matters the subject of those enquiries, and he did so in a judgment dated 2 March 1989. He certified the amount of the plaintiff's damages to be $703,421, directed entry of judgment for the plaintiff in that amount, and made the appropriate orders for costs.

The defendant, Mr Damjanovic, has lodged a Notice of Appeal against the second judgment given by his Honour. I describe the matter in that way without pre-empting the questions which are to be decided in this application. In that Notice of Appeal the defendant Mr Damjanovic sought to raise matters going both to the first judgment and the second judgment given by his Honour.

The Corporation has applied for an order striking out pars 1 to 9 of the Notice of Appeal, they being the paragraphs which it contends go, and go only, to matters dealt with in the first judgment: the basis of the application is that if the defendant desired to contest the findings there referred to he could do so only by filing a Notice of Appeal within due time against the first judgment, treating that judgment, for this purpose, as being a final judgment.