Vogt v Vaughan [2006] NSWSC 1003

Vogt v Vaughan [2006] NSWSC 1003

Because the plaintiff did not appear and presented no evidence, his application was dismissed with costs. The plaintiff had occupied the premises under an implied licence, but the 18 March 2003 notice giving four weeks to leave was sufficient; he became a trespasser by 18 April 2003. The second defendant was entitled to mesne profits calculated after correcting a manifest arithmetical error in the valuer's evidence, interest on those mesne profits, and $4,500 for three weeks of unpaid rent under the later agreement.

Jurisdiction
Australia
Judgment Date
26 September 2006
Procedural Posture
Equity Proceeding Involving Claims for Trespass to Person, Trespass to Property and Conversion of Goods, and the Second Defendant's Monetary Claims for Mesne Profits and Unpaid Rent / Ex Tempore Judgment After Trial Proceeded in Absence of the Plaintiff Under Rule 29.7 Uniform Civil Procedure Rules
Outcome
Plaintiff's application dismissed with costs; second defendant awarded mesne profits, interest, and unpaid rent.
Legal Topics
['trespass to Land' 'trespass to Person' 'conversion of Goods' 'implied Non Contractual Licence' 'termination of Licence' 'mesne Profits' 'proceeding With Trial in Absence of Plaintiff' 'unpaid Rent']
['torts' 'civil Procedure' 'property'] ['trespass to Land' 'trespass to Person' 'conversion of Goods' 'implied Non Contractual Licence' 'termination of Licence' 'mesne Profits' 'proceeding With Trial in Absence of Plaintiff' 'unpaid Rent']

Case Brief

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Procedural Posture

Equity Proceeding Involving Claims for Trespass to Person, Trespass to Property and Conversion of Goods, and the Second Defendant's Monetary Claims for Mesne Profits and Unpaid Rent / Ex Tempore Judgment After Trial Proceeded in Absence of the Plaintiff Under Rule 29.7 Uniform Civil Procedure Rules

Legal Issues

  1. 1 ["Whether the trial should proceed in the plaintiff's absence under Rule 29.7 Uniform Civil Procedure Rules." "Whether the plaintiff's implied licence to occupy the Elizabeth Bay premises had been terminated and when he became a trespasser." "How mesne profits should be calculated for the plaintiff's occupation after termination of the licence." 'Whether the second defendant was entitled to judgment for unpaid rent for three weeks of later occupancy.']

Ratio Decidendi

Because the plaintiff did not appear and presented no evidence, his application was dismissed with costs. The plaintiff had occupied the premises under an implied licence, but the 18 March 2003 notice giving four weeks to leave was sufficient; he became a trespasser by 18 April 2003. The second defendant was entitled to mesne profits calculated after correcting a manifest arithmetical error in the valuer's evidence, interest on those mesne profits, and $4,500 for three weeks of unpaid rent under the later agreement.

Court Disposition

Plaintiff's application dismissed with costs; second defendant awarded mesne profits, interest, and unpaid rent.

Orders

  • ["The trial proceeded in the plaintiff's absence." "The plaintiff's application was dismissed with costs." 'The second defendant was awarded mesne profits of $199,170.' 'The second defendant was awarded interest on mesne profits of $36,737.' 'The second defendant was awarded $4,500 for three weeks of unpaid rent.']