Robert John Downing v WIN Television (NSW) Pty Ltd (No 3) [2011] NSWSC 703

Robert John Downing v WIN Television (NSW) Pty Ltd (No 3) [2011] NSWSC 703

It is not appropriate to reopen the previous judgment because the cost of an easement should not be treated as relevant to the value of the land for trespass damages, and public interest in finality of litigation outweighs correcting any alleged oversight.

Jurisdiction
Australia
Judgment Date
08 July 2011
Procedural Posture
Civil / Post Judgment Motion to Reopen Hearing
Outcome
Motion dismissed with costs
Legal Topics
['reopening Hearing After Judgment Delivered' 'assessment of Damages for Trespass' 'finality of Litigation']
['procedure' 'civil Law'] ['reopening Hearing After Judgment Delivered' 'assessment of Damages for Trespass' 'finality of Litigation']

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Procedural Posture

Civil / Post Judgment Motion to Reopen Hearing

Legal Issues

  1. 1 ['Whether the judgment should be reopened to consider an additional argument regarding damages calculation' 'Appropriateness of including the cost of an easement in damages']

Ratio Decidendi

It is not appropriate to reopen the previous judgment because the cost of an easement should not be treated as relevant to the value of the land for trespass damages, and public interest in finality of litigation outweighs correcting any alleged oversight.

Court Disposition

Motion dismissed with costs

Orders

  • ["The Plaintiff's motion filed 1 July 2011 is dismissed with costs"]