Judgment
In the matter of Harvey River Estate Pty Ltd - FSD 175 of 2015 (DDJ) - Judgment
FSD 0175 OF 2015 (DDJ) · 2024-Mar-14
Determination of an inquiry as to damages - relevant law and procedure - lack of opposition - was the injunction wrongly granted - the two-stage process - exercise of discretion as to whether an inquiry as to damages should be ordered (the first stage) - the second stage considers quantum, causation, remoteness and mitigation of damage - the relevance of contractual principles - duty to mitigate - remoteness and foreseeability - causation - equitable jurisdiction and special circumstances - delay in making the application - Fiona Trust at first instance and on appeal - Sagicor General - determination of 3 issues (i) was order wrongly granted? (ii) remoteness and (iii) mitigation - the award of damages - service issue
Full metadata
| Cause Number | FSD 0175 OF 2015 (DDJ) |
|---|---|
| Court | Grand Court |
| Judgment Date | 2024-Mar-14 |
| Subject | Determination of an inquiry as to damages - relevant law and procedure - lack of opposition - was the injunction wrongly granted - the two-stage process - exercise of discretion as to whether an inquiry as to damages should be ordered (the first stage) - the second stage considers quantum, causation, remoteness and mitigation of damage - the relevance of contractual principles - duty to mitigate - remoteness and foreseeability - causation - equitable jurisdiction and special circumstances - delay in making the application - Fiona Trust at first instance and on appeal - Sagicor General - determination of 3 issues (i) was order wrongly granted? (ii) remoteness and (iii) mitigation - the award of damages - service issue |
| Category | Financial Services Division |
| Filename (current) | 6EXUV8VUAHW21H6EFF6G4A26526321BDC29C016A3D1796D0F49B.pdf |