European Bank Ltd v Evans

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON AND KIEFEL JJEUROPEAN BANK LIMITED  APPELLANTANDROBB EVANS OF ROBB EVANS & ASSOCIATES  RESPONDENTEuropean Bank Limited v Robb Evans of Robb Evans & Associates[2010] HCA 610 March 2010S272/2009ORDER1.        Appeal allowed with costs.2.Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 2 April 2009 and, in their place, order that the appeal to that Court be dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentationR J Webb SC with D T Kell for the appellant (instructed by Baker & McKenzie)A S Martin SC with G M Drew for the respondent (instructed by Norton Rose Australia)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSEuropean Bank Limited v Robb Evans of Robb Evans & AssociatesDamages – Assessment – Remoteness – Usual undertaking as to damages – Supreme Court Rules 1970 (NSW) ("the Rules") – Respondent gave usual undertaking as to damages to court pending application for special leave to appeal to High Court – Court ordered money to which appellant otherwise entitled be paid into court in United States dollars – Appellant would have converted money from United States dollars to euros but for the order – Nature of "usual undertaking as to damages" in Pt 28 r 7(2) of the Rules – Relevance of contractual remoteness principles in Hadley v Baxendale (1854) 9 Exch 341 [156 ER 145] – Equitable...