In the matter of Harvey River Estate Pty Ltd - FSD 175 of 2015 (DDJ) - 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