Fingal Developments Pty Ltd v Nom De Plume Nominees Pty Ltd (No 2)

In this matter, Fingal Developments Pty Ltd brought proceedings against Nom De Plume Nominees Pty Ltd, seeking relief in relation to breaches of contract and other alleged wrongs. The case was heard in the Supreme Court of New South Wales. The dispute centred on the taking of accounts by an Associate Judge, the extent of the reference to the Associate Judge, and the timing and nature of orders that should be made prior to and following the taking of accounts.

The central legal issues before the court involved the appropriate scope and extent of the reference to the Associate Judge, the timing of any orders for payment, and the inclusion of interest and declaratory relief in such orders. Additionally, the court considered whether costs should be awarded to the successful party before the taking of accounts.

In addressing these issues, the court held that the reference to the Associate Judge was limited to determining liability and did not extend to the taking of accounts. The court emphasised that the Associate Judge's role was to establish the facts and determine liability, leaving the quantification of damages to the primary judge. Regarding the orders, the court concluded that payment of a sum certain should not be ordered before the taking of accounts, and interest should not be included as part of the interim orders. The court also noted that the extent of declaratory relief should be carefully considered to ensure it aligns with the factual findings of the Associate Judge.

The final orders of the court included a direction that costs should not be awarded to the successful party prior to the taking of accounts, and that the taking of accounts should proceed as per the agreed terms. The court also reserved its decision on the final quantum of damages pending the completion of the accounts process.