NSW Caselaw
New South Wales Supreme Court
CITATION : Jackson v Richards [2005] NSWSC 1295
HEARING DATE(S) : 5/12/05
JUDGMENT DATE : 13 December 2005
JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
DECISION : Defendant entitled to $11,119 pursuant to undertaking as to damages plus costs of this application.
CATCHWORDS : EQUITY [343]- Interlocutory injunction- Freezing of proceeds of sale- Injunction dissolved- Undertaking as to damages- Assessment of- Lost interest allowed whether or not claimant would have invested money- Extra damages may be awarded where other party has knowledge of claimant's circumstances and extra expenses are incurred as a result of deprivation of funds- Whether account may be taken of gain to other party at claimant's expense in addition to loss suffered by claimant.
Air Express Ltd v Ansett Transport Industries (Operations) Pty Ltd (1981) 146 CLR 249 Eyre v Woodfine (1582) Cro Eliz 278; 78 ER 533 Greenwood County v Duke Power 107 F (2d) 484 (1939) National Australia Bank Ltd v Bond Brewing Holdings Ltd [1991] 1 VR 386 CASES CITED : Palimport v Ziba Geigi (1975) 29(1) PD 592 Prehn v The Royal Bank of Liverpool (1870) LR 5 Ex 92 Production Spray Painting & Panel Beating Pty Ltd v Newnham (1991) 27 NSWLR 659 Rodger v Comptoir D'Escompte de Paris (1871) LR 3 PC 465
Peter Alan Jackson and Gregory Hilliard Smith t/as Jackson Smith Solicitors (P) PARTIES : Garry Noel Richards (D)
FILE NUMBER(S) : SC 4960/04
R Sofroniou (P) COUNSEL : Defendant in person
SOLICITORS : Jackson Smith (P)
LOWER COURT JURISDICTION :
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