Hudson Resources Limited v Australian Diatomite Mining Pty Limited & Anor [2002] NSWSC 478

New South Wales Supreme Court

CITATION : Hudson Resources Limited v Australian Diatomite Mining Pty Limited & Anor [2002] NSWSC 478 FILE NUMBER(S) : SC 50001/01 HEARING DATE(S) : 27/05/02 JUDGMENT DATE : 27 May 2002

Hudson Resources Limited (Plaintiff) PARTIES : Australian Diatomite Mining Pty Limited (First Defendant) Supersorb Minerals NL (Second Defendant) JUDGMENT OF : Einstein J

COUNSEL : Mr PM Wood (Plaintiff) Mr M Cashion SC, Mr AP Coleman (Defendants) SOLICITORS : The Argyle Partnership (Plaintiff) Kemp Strang (Defendants) CATCHWORDS : Damages - Calculation of interest on loss of profits claim - Costs - Stay orders District Court Act 1973 LEGISLATION CITED : Supreme Court Act 1970 Supreme Court Rules Atlas Tiles Ltd v Briers (1978) 144 CLR 202 CASES CITED : Bennett v Jones [1977] 2 NSWLR 355 Burger King Corporation v Hungry Jack's Pty Limited [2001] NSWCA 187 Fire and All Risks Insurance Co v Callinan (1978) 140 CLR 427 DECISION : The Court's orders are as follows:1. Judgment for the plaintiff against the second defendant in the sum of $801,217.97; 2. Order that the second defendant pay the plaintiff's costs of the proceedings, costs of the cross-claim not yet litigated being reserved for the determination of the District Court of New South Wales; 3. Note that there is to be no order for costs in respect of the first defendant's costs of the proceedings 4. Order pursuant to section 143 of the District Court Act 1973 that the cross-claim be transferred to the District Court; 5. Order that orders 1, 2 and 4 be stayed up to and including 5 June 2002.