Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 9) [2017] NSWSC 1762

Supreme Court New South Wales

Medium Neutral Citation: Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 9) [2017] NSWSC 1762 Hearing dates: 14 December 2017 Decision date: 14 December 2017 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Leave to seek to have judgment re-opened granted; judgment confirmed Catchwords: JUDGMENTS – practice and procedure – whether judgment should be re-opened – whether unheralded and unbidden finding made concerning an aspect of the plaintiff's claim for damages – whether that finding should be revisited – whether a different finding should be made – DAMAGES – whether plaintiff had failed to establish quantum of necessary deduction from its damages claim of damage to stock – whether entire damages claim for stock should be dismissed on that account Cases Cited: JLW (Vic) Pty Limited v Tsiloglou [1994] 1 VR 237 Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 7) [2017] NSWSC 1321 Mobis Parts Australia Pty Ltd v XL Insurance Company SE (No 8) [2017] NSWSC 1507 Placer (Granny Smith) Pty Ltd v Thiess Contractors Pty Ltd [2003] HCA 10; 196 ALR 257 Category: Consequential orders (other than Costs) Parties: Mobis Parts Australia Pty Ltd (Plaintiff) XL Insurance Company SE (First Defendant) AIG Europe Limited (Second Defendant) UNIQA Versicherungs AG (Third Defendant) Representation: Counsel: T Mehigan and E Ball (Plaintiff) D S Weinberger (First Defendant)

Solicitors: Ashurst Australia (Plaintiff) McCabes Lawyers (First Defendant) Hicksons Lawyers (Third Defendant) File Number(s): SC 2015/281297