Street & 7 Ors v Luna Park Sydney Pty Limited & 3 Ors [2007] NSWSC 594

Street & 7 Ors v Luna Park Sydney Pty Limited & 3 Ors [2007] NSWSC 594

Because Glen Eight Pty Ltd's alleged loss depended on comparing the value of the property had it remained commercial with its actual value after residential conversion, and because the actual value of the units was at least arguably affected by current noise and visual impacts from Luna Park, lay evidence of actual noise experienced in the apartments was not plainly irrelevant and was admissible; any subjective elements or witness interest went to weight rather than admissibility.

Jurisdiction
Australia
Judgment Date
08 June 2007
Procedural Posture
Evidence Ruling in Proceedings Claiming Damages for Misleading and Deceptive Conduct and Injunctive Relief Under the Crown Lands Act / Ex Tempore Judgment on Admissibility of Lay Noise Evidence
Outcome
Evidence under objection admitted
Legal Topics
['admissibility of Lay Noise Evidence' 'misleading and Deceptive Conduct' 'measure of Damages' 'valuation of Property' 'relevance' 'injunctive Relief']
['evidence' 'trade Practices' 'damages' 'crown Lands'] ['admissibility of Lay Noise Evidence' 'misleading and Deceptive Conduct' 'measure of Damages' 'valuation of Property' 'relevance' 'injunctive Relief']

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Procedural Posture

Evidence Ruling in Proceedings Claiming Damages for Misleading and Deceptive Conduct and Injunctive Relief Under the Crown Lands Act / Ex Tempore Judgment on Admissibility of Lay Noise Evidence

Legal Issues

  1. 1 ["Whether lay evidence of noise experienced in apartments after Luna Park reopened was admissible in Glen Eight Pty Ltd's damages claim under the Trade Practices Act 1974." "Whether present selling prices of residential units affected by noise and visual impact were capable of being relevant to the valuation of Glen Eight Pty Ltd's actual position." 'Whether subjective impressions of occupants or entrants about noise disqualified the evidence from admissibility.']

Ratio Decidendi

Because Glen Eight Pty Ltd's alleged loss depended on comparing the value of the property had it remained commercial with its actual value after residential conversion, and because the actual value of the units was at least arguably affected by current noise and visual impacts from Luna Park, lay evidence of actual noise experienced in the apartments was not plainly irrelevant and was admissible; any subjective elements or witness interest went to weight rather than admissibility.

Court Disposition

Evidence under objection admitted

Orders

  • ["Paragraphs 89 and 90 of Mr Stanley Roth's affidavit admitted subject to any particular objection that the defendants might have."]