Macquarie International Health Clinic Pty Limited v Sydney Local Health Network

Where consent orders provide for an election between an account and damages, the election is between those two remedies on its terms, even if the electing party previously abandoned one of those claims at trial. A party entitled to elect need not have full discovery before making the election but is entitled to reasonable information. Where an inquiry as to damages is ordered before a different judge following a full trial, the evidence is not necessarily limited to that before the primary judge.