Wambo Coal Pty Limited & Anor v Pacific National (NSW) Pty Limited [2008] NSWSC 65

New South Wales Supreme Court

CITATION : Wambo Coal Pty Limited & Anor v Pacific National (NSW) Pty Limited [2008] NSWSC 65

HEARING DATE(S) : 08/02/08

JUDGMENT DATE : 12 February 2008

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

DECISION : Order that all questions of liability, injunctive and declaratory relief be determined in advance of the question of quantum of any damages claimed

CATCHWORDS : Practice and procedure - Application for a case management order not being for a separate question determination - Case management order sought was for all questions of liability, injunctive and declaratory relief to be determined in advance of the question of quantum of any damages - The trial judge would initially proceed to determine the one set of issues, would reserve and as soon as practicable deliver judgement - If liability be established, the balance of the quantification of damages issues would be heard on a later occasion - Consideration of the differences between this procedure and the more conventional 'separate question determination' procedure - Consideration of the appropriate matters to be taken into account where urgent relief sought from the Commercial List and where a quantum hearing could only practicably be heard at some considerable time into the future

LEGISLATION CITED : Civil Procedure Act 2005 (NSW) Trade Practices Act 1974 (Cth)

CATEGORY : Procedural and other rulings

Australian National Industries Ltd v Spedley Securities Ltd (in liq) (1992) 26 NSWLR 411 CASES CITED : Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 Tallglen v Pay TV Holdings Pty Ltd (1996) 22 ACSR 130