Harvey River Estate Pty - Judgment

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. Injunctions; Civil Procedure; Damages; Equity