Titan v Babic

In the case of Titan v Babic, the plaintiff, Titan, sought to include the interlocutory judgment in the appeal book, and the defendant, Babic, opposed this move. Additionally, Titan sought to enforce a 15 per cent award for "general care and conduct." The case was heard by the Supreme Court of New South Wales. The plaintiff's primary argument was that the interlocutory judgment should be included in the appeal book as it was relevant to the appeal's merits. The defendant argued that the interlocutory judgment was not material to the appeal and should not be included.

The court had to decide whether the interlocutory judgment should be included in the appeal book and if the award of 15 per cent for "general care and conduct" was appropriate. The court considered that the interlocutory judgment was not material to the appeal and that it would be improper to include it in the appeal book. The court found that the award of 15 per cent for "general care and conduct" was not supported by the evidence and that a lower percentage was appropriate. The court held that the plaintiff's application to include the interlocutory judgment in the appeal book was dismissed, and the award of 15 per cent for "general care and conduct" was reduced to 10 per cent.

The court ordered that the interlocutory judgment would not be included in the appeal book and that the award for "general care and conduct" was to be reduced to 10 per cent. The court's decision highlights the importance of ensuring that only material judgments are included in appeal books and that awards for "general care and conduct" are supported by evidence.