Galye Christine McDonald v David Alexander Wills [2014] NSWSC 1183

Supreme Court New South Wales

Medium Neutral Citation: Galye Christine McDonald v David Alexander Wills [2014] NSWSC 1183 Hearing dates: 22 August 2014 Decision date: 27 August 2014 Before: Robb J Decision: (1)Order pursuant to rule 28.2 of the Uniform Civil Procedure Rules 2005 that the issue of the quantum of the plaintiff's claim for damages in these proceedings be determined separately from and subsequently to the balance of the issues in the proceedings. (2)Direct the parties within 7 days of the publication of these reasons for judgment to provide any written submissions that they wish to make on the issue of the costs of the notice of motion to the Associate to Robb J. Catchwords: PROCEDURE - interlocutory application - Uniform Civil Procedure Rules 2005 rule 28.2 - whether quantum of damages should be determined separately - damages claim an alternative to primary claim for relief - whether evidence relevant to damages claim will be relied upon in the primary proceedings Legislation Cited: Civil Procedure Act 2005 (NSW) ss56,57,58(2)(b) Conveyancing Act 1919 (NSW) ss88B, 89, 181A Uniform Civil Procedure Rules 2005 Cases Cited: AAI Ltd (t/as Vero Insurance) v Solarus Projects Pty Ltd (Receivers and Managers appointed) (in liq) [2014] NSWCA 168 Destri Enterprises Pty Ltd v Maxwell [2912] NSWSC 295 Crawley v Vero Insurance Ltd [2012] NSWSC 593 Frasers Lorne Pty Ltd v Joyce Goldsworthy Burke [2008] NSWSC 743 Southwell v Bennett [2010] NSWSC 1372 Tallglen Pty Ltd v Pay TV Holdings Pty Ltd (1996) 22 ACSR 130 Texts Cited: I C F Spry Equitable Remedies (9th ed 2014, Lawbook Co) Category: Interlocutory applications Parties: Gayle Christine McDonald (plaintiff) David Alexander Wills (first defendant) Alexis Clare Wills (second defendant) Representation: Counsel: J Lazarus (plaintiff) A Cheshire/S Spadijer (defendants) Solicitors: P F Irvine & Co (plaintiff) McLachlan Thorpe Partners (defendants) File Number(s): 2014/77086