Chan v Acres (No 2) [2016] NSWSC 557

Chan v Acres (No 2) [2016] NSWSC 557

Two paragraphs ([90], [91]) of earlier reasons were withdrawn and replaced to correct errors regarding liability for specific defects attributed to Mr Acres; plaintiffs' entitlement to relocation and accommodation costs from the Council was affirmed, and corrections were made to quantification of damages and defendant liability.

Jurisdiction
Australia
Judgment Date
06 May 2016
Procedural Posture
Correction Application / Post Judgment Correction and Directions
Outcome
Two paragraphs of earlier reasons withdrawn and corrected. Parties directed to submit draft orders with calculation of judgment sums.
Legal Topics
['correction of Reasons' 'judgment Withdrawal' 'damages Quantification' 'statutory Warranties']
['civil Procedure' 'equity'] ['correction of Reasons' 'judgment Withdrawal' 'damages Quantification' 'statutory Warranties']

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Procedural Posture

Correction Application / Post Judgment Correction and Directions

Legal Issues

  1. 1 ['Whether earlier reasons for judgment should be withdrawn and corrected' 'Entitlement to costs of relocation and alternative accommodation' "Extent of defendant's liability for certain defective works" 'Whether indemnity/contribution is due between defendants' 'Consideration of concurrent wrongdoer/apportionment issues']

Ratio Decidendi

Two paragraphs ([90], [91]) of earlier reasons were withdrawn and replaced to correct errors regarding liability for specific defects attributed to Mr Acres; plaintiffs' entitlement to relocation and accommodation costs from the Council was affirmed, and corrections were made to quantification of damages and defendant liability.

Court Disposition

Two paragraphs of earlier reasons withdrawn and corrected. Parties directed to submit draft orders with calculation of judgment sums.

Orders

  • ['Paragraphs [90], [91] of earlier reasons withdrawn and replaced with corrected reasoning.' 'Plaintiffs directed to submit draft orders and calculations within fourteen days.' 'Defendants to respond within a further fourteen days.' "MHE included as 'active defendant' for purposes of quantification." 'Parties may...