David Dusko Tanevski v Trenwick International Limited & Ors [2003] NSWCA 374

New South Wales Court of Appeal

CITATION : David Dusko Tanevski v Trenwick International Limited & Ors [2003] NSWCA 374 HEARING DATE(S) : 17 October 2003 JUDGMENT DATE : 18 December 2003

JUDGMENT OF : Tobias JA at 1; Young CJ in Eq at 17 DECISION : (a) DECLARE that by issuing the Certificate of Currency dated 22 April 1998 to the appellants, the Second Respondent contravened s 52 of the Trade Practices Act 1974 (Cth); (b) ORDER that (i) Appeal allowed; (ii) Order 3 made by Sorby DCJ on 12 September 2002 set aside; (iii) Judgment for the appellants against the first respondent in the amount of $516,435.05 (together with interest from 12 September 2002); (iv) The first respondent to indemnify the appellants against the costs the appellants are liable to pay to the plaintiff pursuant to Order 2 made by Sorby DCJ on 12 September 2002; (v) The issue of what damages, if any, the second respondent is liable to pay the appellants by reason of the second respondent's breach of the Trade Practices Act 1974 (Cth) is reserved, to be determined by the District Court of NSW should the circumstances arise which show the appellants have incurred some loss they seek to recover from the second respondent; (vi) The first respondent to indemnify the appellants against all of the appellants' costs and disbursements not unreasonably incurred in defending the plaintiff's claim; (vii) The first respondent to pay the appellants' costs of the appeal and their costs of the proceedings at first instance insofar as they relate to the second and fourth cross-claims on an indemnity basis; (viii) The second respondent to pay the appellants' costs of the appeal and their costs of the proceedings at first instance relating to the second and fourth cross-claims; (c) Liberty to apply on seven day's notice.