NSW Caselaw
New South Wales Supreme Court
CITATION : David Ballard v Multiplex Limited [2008] NSWSC 1019
HEARING DATE(S) : 11 August 2008
JUDGMENT DATE : 3 October 2008
JUDGMENT OF : McDougall J at 1
DECISION : See para [99] of the judgment.
CATCHWORDS : PRACTICE – Application further to amend statement of contentions – adequacy of statement of contentions – whether statement notifies opposing party of the case to be made against it. - DAMAGES – "Prudential" principle – shareholders cannot recover damages reflective of a loss suffered by a company – shareholders may recover damages for a loss which the company would not have sustained itself – shareholders in their capacity as guarantor of a company's obligations may recover damages for loss. - DAMAGES – Conspiracy – actual pecuniary loss must be established to recover damages – damages for injury to reputation can not be awarded in an action for conspiracy – plaintiff may recover damages for physical injury where conspiracy is proved.
Civil Procedure Act 2005 Industrial Relations Act 1988 Industrial Relations Act 1991 LEGISLATION CITED : Industrial Relations Act 1996 Limitation Act 1969 Trade Practices Act 1974 Workplace Relations Act 1996
CATEGORY : Principal judgment
Bell-Booth Group Ltd v Attorney General [1989] 3 NZLR 148 Brambles Australia Ltd v Tatale Pty Ltd [2006] NSWSC 204 Chen v Karandonis [2002] NSWCA 412 Crofter Handwoven Harris Tweed Co Ltd v Veitch [1942] AC 435 Foss v Harbottle (1843) 2 Hare 461; (1843) 67 ER 189 Gould v Vaggelas (1985) 157 CLR 215 Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd (No.6) (2007) 63 ACSR 1 CASES CITED : Johnson v Gore Wood & Co (a firm) [2002] 2 AC 1 Lonrho v Fayed [1992] 1 AC 448 Lonrho PLC v Fayed (No.5) [1993] 1 WLR 1489 McKellar v Container Terminal Management Services Ltd (1999) 165 ALR 409 Prudential Assurance Co Ltd v Newman Industries Ltd (No.2) [1982] Ch 204 Quinn v Leathem [1901] AC 495 Thomas v D'Arcy (2005) 52 ACSR 609 Arthur Young v Teico International (1995) 182 LSJS 367
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