Claim for damages – multiple claims in the same case

Supreme Court order 9 January 2020, HR-2020-35-A, (case no. 19-133623SIV-HRET), civil case, appeal against order.

A, B, C, D (Counsel Christian Lundin) v. Hvitserk & Eventyrreiser AS, E (Counsel Terje Marthinsen)

Justices: Møse, Matheson, Noer, Bull, Arntzen

In an action for compensation, the claimants had limited the action to requesting a declaratory judgment that the conditions for compensation were met. The defendants claimed principally that they were not liable, and submitted an alternative claim for compensation calculated in the court's discretion. The Supreme Court, having conducted an oral hearing, found like the lower instances that the defendants had a right to bring the possible calculation of compensation into the case, see section 15-1, cf. section 1-3 of the Dispute Act. Neither the wording of the Act nor the preparatory works supported a refusal to hear the defendants' alternative claims. Policy considerations also suggested that the defendants had a right to have this claim heard. Dissenting votes 4-1.

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