Richman, R.M. v. Pacific Waste Management P/L [1994] FCA 876

Richman, R.M. v. Pacific Waste Management P/L [1994] FCA 876

The respondent's claims of omission regarding the deduction of operating expenses from the damages were not supported by credible or sufficiently explained evidence. The Court did not find any accidental or substantive error in the previous judgment’s calculation, and thus dismissed the motion to vary the judgment.

Parties
Applicant: Robert Michael Richman; Respondent: Pacific Waste Management Pty Limited (ACN 002 902 650)
Jurisdiction
Australia
Judgment Date
18 November 1994
Procedural Posture
Civil / Post Judgment Application to Vary Judgment for Damages
Outcome
Motion to vary judgment dismissed with costs.
Legal Topics
Variation of Judgment, Slip Rule, Calculation of Damages, Employment Vs. Contractor Relationship
Contract Law Variation of Judgment Slip Rule Calculation of Damages Employment Vs. Contractor Relationship

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Parties

Robert Michael Richman

Applicant

Pacific Waste Management Pty Limited (ACN 002 902 650)

Respondent

Procedural Posture

Civil / Post Judgment Application to Vary Judgment for Damages

Legal Issues

  1. 1 Whether the judgment, specifically the award of damages for loss of future profits, should be varied under the slip rule (Order 35 rule 7(3)) due to an accidental slip or omission.

Ratio Decidendi

The respondent's claims of omission regarding the deduction of operating expenses from the damages were not supported by credible or sufficiently explained evidence. The Court did not find any accidental or substantive error in the previous judgment’s calculation, and thus dismissed the motion to vary the judgment.

Court Disposition

Motion to vary judgment dismissed with costs.

Orders

  • The motion is dismissed with costs.