711 Hogben Pty Ltd v Tadros – Variation and Slip Rule Application [2022] NSWSC 1568

711 Hogben Pty Ltd v Tadros – Variation and Slip Rule Application [2022] NSWSC 1568

The Court found the original quantum judgment had accounted for all relevant elements, including tenants' liability for rent and outgoings. No inadvertent slip was made in calculating damages. The landlord is not entitled to a reduction or credit, as the full loss (including rental) was part of the damages arising from the landlord's breach. The application was dismissed.

Parties
Third Defendant/first Cross Claimant: George Tadros; First Defendant/second Cross Claimant: Anthony Tadros; Second Defendant/third Cross Claimant: Sharon Tadros; Plaintiff/third Cross Defendant: 711 Hogben Pty Ltd ACN 157911745
Jurisdiction
Australia
Judgment Date
17 November 2022
Procedural Posture
Equity Commercial List / Variation and Slip Rule Application (motion) After Quantum Judgment
Outcome
Motion dismissed with costs
Legal Topics
Variation of Judgment, Slip Rule, Damages Calculation, Set Off, Mesne Profits, Outgoings, Forfeiture, Costs
Equity Commercial Law Variation of Judgment Slip Rule Damages Calculation Set Off Mesne Profits Outgoings +2 more

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Parties

George Tadros

Third Defendant/first Cross Claimant

Anthony Tadros

First Defendant/second Cross Claimant

Sharon Tadros

Second Defendant/third Cross Claimant

711 Hogben Pty Ltd ACN 157911745

Plaintiff/third Cross Defendant

Procedural Posture

Equity Commercial List / Variation and Slip Rule Application (motion) After Quantum Judgment

Legal Issues

  1. 1 Whether the quantum judgment failed to account for tenants' admitted liability to pay rent during specified period
  2. 2 Whether the landlord should receive credit for outgoings not addressed in judgment
  3. 3 Whether there was an inadvertent slip in calculating damages/expenses for certain period

Ratio Decidendi

The Court found the original quantum judgment had accounted for all relevant elements, including tenants' liability for rent and outgoings. No inadvertent slip was made in calculating damages. The landlord is not entitled to a reduction or credit, as the full loss (including rental) was part of the damages arising from the landlord's breach. The application was dismissed.

Court Disposition

Motion dismissed with costs

Orders

  • Motion dismissed with costs