Police Citizens Youth Clubs NSW Limited v Insight Holdings Consolidated Pty Limited [2018] NSWSC 778

Supreme Court New South Wales

Medium Neutral Citation: Police Citizens Youth Clubs NSW Limited v Insight Holdings Consolidated Pty Limited [2018] NSWSC 778 Hearing dates: 25/05/2018 Date of orders: 25 May 2018 Decision date: 25 May 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Grant plaintiff leave to discontinue on terms as to costs. Ancillary orders made. Catchwords: CIVIL PROCEDURE – application to discontinue proceedings – where plaintiff received benefit of interlocutory order which rendered underlying proceedings unnecessary – defendant consented to discontinuance subject to costs and an inquiry into damages resulting from the interlocutory order –defendant asserts entitlement for inquiry as to damages as plaintiff had not vindicated its right to the interlocutory relief at trial – inappropriate to resolve issue of damages at present – defendant given leave to move for an inquiry as to damages at its own risk. Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Newcomen v Coulson [1878] 7 Ch D 764 Peng v Hua Cheng International Holdings Group Pty Ltd [2018] NSWSC 726 Category: Procedural and other rulings Parties: Police Citizens Youth Clubs NSW Limited (Plaintiff) Insight Holdings Consolidated Pty Limited (Defendant) Representation: Counsel: D S Weinberger (Plaintiff) K Andronos SC (Defendant)

Solicitors:

Thomson Geer (Plaintiff) Marque Lawyers (Defendant) File Number(s): 2017/385053