Commissioner for Fair Trading v Jonval Builders Pty Ltd (No 2) [2020] NSWSC 1308

Commissioner for Fair Trading v Jonval Builders Pty Ltd (No 2) [2020] NSWSC 1308

The Court has the jurisdiction to recall a paragraph of the reasons for judgment prior to the entry of judgment, even where an appeal has been filed. However, the claim by Mr Pestridge for compensation for depression is denied, as there is insufficient evidence to prove clinical depression or entitlement to damages, and the $30,000 figure claimed is unjustified by evidence or submissions. Accordingly, the relevant paragraph ([557]) is not withdrawn or altered and proceedings are dismissed.

Parties
Plaintiff: Commissioner for Fair Trading; First Defendant: Jonval Builders Pty Limited ACN 005177793; Second Defendant: Hacienda Caravan Park Pty Limited; Third Defendant: John Allan Willmott
Jurisdiction
Australia
Judgment Date
25 September 2020
Procedural Posture
Consequential Orders (other Than Costs) / Post Judgment Motion Concerning Amendment/recall of Reasons for Judgment
Outcome
Proceedings dismissed
Legal Topics
Amending, Varying and Setting Aside Judgments, Court's Power to Recall Reasons for Judgment, Personal Injury Damages Under Fair Trading Act, Effect of Appeal on Power to Amend Judgment
Civil Procedure Judgments and Orders Amending, Varying and Setting Aside Judgments Court's Power to Recall Reasons for Judgment Personal Injury Damages Under Fair Trading Act Effect of Appeal on Power to Amend Judgment

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Parties

Commissioner for Fair Trading

Plaintiff

Jonval Builders Pty Limited ACN 005177793

First Defendant

Hacienda Caravan Park Pty Limited

Second Defendant

John Allan Willmott

Third Defendant

Procedural Posture

Consequential Orders (other Than Costs) / Post Judgment Motion Concerning Amendment/recall of Reasons for Judgment

Legal Issues

  1. 1 Whether the Court has jurisdiction to recall or amend a paragraph of the reasons for judgment prior to entry of judgment
  2. 2 Whether damages for personal injury (depression) are available under s 43 and s 72(1A) of the Fair Trading Act 1987 (NSW)
  3. 3 Whether sufficient evidence supported the claim for compensation for depression

Ratio Decidendi

The Court has the jurisdiction to recall a paragraph of the reasons for judgment prior to the entry of judgment, even where an appeal has been filed. However, the claim by Mr Pestridge for compensation for depression is denied, as there is insufficient evidence to prove clinical depression or entitlement to damages, and the $30,000 figure claimed is unjustified by evidence or submissions. Accordingly, the relevant paragraph ([557]) is not withdrawn or altered and proceedings are dismissed.

Court Disposition

Proceedings dismissed

Orders

  • Proceedings dismissed
  • No further order for costs