Tallina Pty Ltd v Haines (No 2) [2024] NSWSC 928

Tallina Pty Ltd v Haines (No 2) [2024] NSWSC 928

Plaintiff entitled to damages for lost rent during trespass period based on market value, but not for security costs, as those losses were not foreseeable or justified; plaintiff entitled only to costs for default judgment application, not for further unliquidated damages, as claim could have been litigated in a lower court.

Jurisdiction
Australia
Judgment Date
31 July 2024
Procedural Posture
Equity Real Property / Post Default Judgment; Application for Unliquidated Damages and Costs
Outcome
Damages for trespass (lost rent) awarded. Plaintiff's claim for security costs rejected. Plaintiff awarded costs of default judgment application only; not for unliquidated damages claim.
Legal Topics
['lease Termination' 'trespass' 'damages' 'costs']
['real Property' 'equity'] ['lease Termination' 'trespass' 'damages' 'costs']

Case Brief

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Procedural Posture

Equity Real Property / Post Default Judgment; Application for Unliquidated Damages and Costs

Legal Issues

  1. 1 ['Whether damages for trespass should be awarded for lost rent and security costs' 'Whether costs for proceedings in Supreme Court are recoverable when amount recovered is within Local Court jurisdiction' 'Appropriate calculation of damages for trespass']

Ratio Decidendi

Plaintiff entitled to damages for lost rent during trespass period based on market value, but not for security costs, as those losses were not foreseeable or justified; plaintiff entitled only to costs for default judgment application, not for further unliquidated damages, as claim could have been litigated in a lower court.

Court Disposition

Damages for trespass (lost rent) awarded. Plaintiff's claim for security costs rejected. Plaintiff awarded costs of default judgment application only; not for unliquidated damages claim.

Orders

  • ['Defendants to pay plaintiff $63,123.28 (plus GST) as damages for trespass.' 'Defendants to pay plaintiff $5,488.00 as costs for the default judgment application.' 'Plaintiff’s solicitors to provide a copy of the judgment to the plaintiff.']