DJZ Constructions Pty Ltd v Paul Pritchard trading as Pritchard Law Group and Ors [2010] NSWSC 1197

New South Wales Supreme Court

CITATION : DJZ Constructions Pty Ltd v Paul Pritchard trading as Pritchard Law Group and Ors [2010] NSWSC 1197

JUDGMENT DATE : 21 October 2010

JUDGMENT OF : Schmidt J

DECISION : Motion dismissed. Unless the parties wish to be heard on the question of costs, the usual order that costs follow the event means that Mr Pritchard must bear DJZ's costs of the motion.

CATCHWORDS : PROCEDURE - judgments and orders - amending, varying and setting aside - reasons sought in respect to various findings and reasonings - quantum of damage - whether the Court failed to complete the exercise of its jurisdiction by discounting damages ordered by reference to certain probabilities and hypotheses -whether first defendant was entitled to reasons for rejection of submissions - whether failure to give reasons constituting an error of law and denial of procedural fairness - hypothetical scenarios pressed - motion dismissed - costs

LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

Heenan v Di Sisto [2008] NSWCA 25; [2008] Aust Torts Reports 81-941 CASES CITED : Johnson v Perez [1998] HCA 88; (1988) 166 CLR 351 Tabet V Gett [2010] HCA 12; (2010) 240 CLR 537 Willis v The Commonwealth [1946] HCA 22; (1946) 73 CLR 105

DJZ Constructions Pty Ltd - Plaintiff Paul Pritchard t/as Pritchard Law Group - First Defendant/Cross Claimant PARTIES : Joseph John Gilles - Second Defendant/First Cross Defendant Gregory George Eliades - Third Defendant/Second Cross Defendant David McGovern SC - Fourth Defendant/Third Cross Defendant