European Bank Limited v Robb Evans of Robb Evans & Associates

Damages – 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 origin of usual undertaking as to damages in Pt 28 r 7(2) of the Rules - What is "just and equitable" or "fair and reasonable" in the circumstances - Whether loss of preferential movement in exchange rates and interest flowed directly from order - Whether kind of loss could have been foreseen by respondent.

Words and phrases – "usual undertaking as to damages".

Supreme Court Rules 1970 (NSW) – Pt 28 r 7(2). Uniform Civil Procedure Rules 2005 (NSW), Pt 25 r 8.