NSW Caselaw
New South Wales Supreme Court
CITATION : Smith v Noss [2002] NSWSC 730 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 3697/01 HEARING DATE(S) : 16 April 2002 JUDGMENT DATE : 20 August 2002
PARTIES : Bronwyn Smith (Plaintiff) Stephen Thomas Frere Noss (Defendant) JUDGMENT OF : Master McLaughlin
COUNSEL : N. McCaffery (Plaintiff) W. Hodgekiss (Defendant) SOLICITORS : Cowley Hearne Lawyers (Plaintiff) Gells, Lawyers (Defendant) CATCHWORDS : Practice and Procedure - Application to strike out pleading - Issue estoppel in other proceedings - Whether the present claim is subject to that issue estoppel - Nature of former relationship between parties - Whether a partnership - Form of defence and cross-claim - Whether defective as being prolix or embarrasing - Nature of relief sought - Whether damages are available in addition to equitable compensation - Exemplary damages available as equitable relief. Partnership Act 1892 LEGISLATION CITED : Supreme Court Act 1970 Fair Trading Act 1987 Beach Petroleum NL v Kennedy (1999) 48 NSWLR 1 Digital Pulse Pty Limited v Harris (2002) ACSR 487 CASES CITED : General Steele Industries Inc. v Commissioner for Railways (1964) 112 CLR 125 Grant v Dawkins [1973] 3 All ER 897 Hamer-Mathew v Gulabrai (McLaughlin M, 7 September 1995, unreported; Court of Appeal, 26 June 1997, unreported) Helmore v Smith (1886) 35 Ch D 436 DECISION : See paragraph 57.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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