Liddelow v Gelavis [No 2]
Case
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[2008] WASC 64
•6 MARCH 2008
Details
AGLC
Case
Decision Date
Liddelow v Gelavis [No 2] [2008] WASC 64
[2008] WASC 64
6 MARCH 2008
CaseChat Overview and Summary
The case of Liddelow v Gelavis [No 2] involved a dispute between the plaintiff, Liddelow, and the defendants, Gelavis. Liddelow sought damages for loss allegedly suffered due to the defendants' actions. The defendants responded by asserting that profits derived from Liddelow's interest in another business should be considered in assessing the damages claimed by Liddelow. Liddelow argued that there was no obligation to account for these profits and that the defendants had failed to establish that they had no reasonable defence.
The legal issues before the court involved the scope of damages in the context of profits derived from a separate business interest. The court had to determine whether the defendants' claim regarding the profits was relevant to the assessment of damages and whether Liddelow was required to account for these profits. Additionally, the court needed to decide whether the defendants had established a reasonable defence to Liddelow's claim.
The court found that the defendants' claim regarding the profits was relevant to the assessment of damages. However, it held that Liddelow was not obligated to account for the profits derived from the other business interest in the context of the damages claimed. The court also concluded that the defendants had not established that they had no reasonable defence. As a result, the application to strike out the defence and counterclaim was dismissed.
The legal issues before the court involved the scope of damages in the context of profits derived from a separate business interest. The court had to determine whether the defendants' claim regarding the profits was relevant to the assessment of damages and whether Liddelow was required to account for these profits. Additionally, the court needed to decide whether the defendants had established a reasonable defence to Liddelow's claim.
The court found that the defendants' claim regarding the profits was relevant to the assessment of damages. However, it held that Liddelow was not obligated to account for the profits derived from the other business interest in the context of the damages claimed. The court also concluded that the defendants had not established that they had no reasonable defence. As a result, the application to strike out the defence and counterclaim was dismissed.
Details
Key Legal Topics
Areas of Law
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Civil Litigation & Procedure
Legal Concepts
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Standing
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Costs
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Abuse of Process
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Discovery & Disclosure
Actions
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Citations
Liddelow v Gelavis [No 2] [2008] WASC 64
Most Recent Citation
Harkford Pty Ltd v Coventry Square Construction Pty Ltd [2013] WADC 62
Cases Citing This Decision
4
Harkford Pty Ltd v Coventry Square Construction Pty Ltd
[2013] WADC 62
Water Corporation v Cardno BSD Pty Ltd
[2010] WADC 87
Harkford Pty Ltd v Coventry Square Construction Pty Ltd
[2013] WADC 62
Cases Cited
3
Statutory Material Cited
1
Tyco Australia Pty Ltd v Optus Networks Pty Ltd
[2004] NSWCA 333
Gates v City Mutual Life Assurance Society Ltd
[1986] HCA 3
VACC Insurance Ltd v BP Australia Ltd
[1999] NSWCA 427