Nominal Defendant v Richards (No 2)

[2002] NSWCA 231

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › New trial
3. › Scope of retrial
4. › Whether retrial should encompass both liability and damages
5. › Fairness to party who did not participate in damages hearing at first trial
1. Practice and Procedure
2. › New trial
3. › Costs
4. › Special costs orders where retrial ordered due to error at first trial
5. › Power of retrial judge to make special costs orders

Quick Take

Where a trial is vitiated by error and a party was exculpated at the first trial and therefore did not participate in the damages hearing, fairness requires the retrial to encompass both liability and damages. Any resulting prejudice to the other party may be addressed by appropriate costs orders at the retrial.

Case Details

Citation[2002] NSWCA 231

CourtNSWCA

JurisdictionNew South Wales

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Cited by1

2003Clifford and Anor v DoveNSWSC 938

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