Terabond Pty Ltd v Tsilfidis (No 4) [2024] NSWSC 751

Terabond Pty Ltd v Tsilfidis (No 4) [2024] NSWSC 751

Because the defendant remained in occupation after notices to vacate and without lawful entitlement until possession was recovered, the plaintiff was entitled to restitutionary damages for mesne profits measured by the market rental value assessed by the expert valuer, together with statutory interest under s 100 of the Civil Procedure Act 2005.

Jurisdiction
Australia
Judgment Date
19 June 2024
Procedural Posture
Claim for Mesne Profits Following Possession Proceedings / Final Hearing and Judgment on Remaining Claim for Mesne Profits
Outcome
Judgment entered for the plaintiff against the defendant for $100,682.45, comprising mesne profits and interest; defendant ordered to pay the plaintiff's costs.
Legal Topics
['possession of Land' 'mesne Profits' 'trespass' 'interest' 'costs']
['property Law' 'civil Procedure'] ['possession of Land' 'mesne Profits' 'trespass' 'interest' 'costs']

Case Brief

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Procedural Posture

Claim for Mesne Profits Following Possession Proceedings / Final Hearing and Judgment on Remaining Claim for Mesne Profits

Legal Issues

  1. 1 ['Whether the defendant had no right to occupy the Dulwich Hill property after the notices to vacate and during the period from 19 March 2021 to 24 October 2023.' "Whether the plaintiff was entitled to mesne profits calculated by reference to market rent for the defendant's period of occupation." 'Whether the plaintiff was entitled to interest on mesne profits under s 100 of the Civil Procedure Act 2005.']

Ratio Decidendi

Because the defendant remained in occupation after notices to vacate and without lawful entitlement until possession was recovered, the plaintiff was entitled to restitutionary damages for mesne profits measured by the market rental value assessed by the expert valuer, together with statutory interest under s 100 of the Civil Procedure Act 2005.

Court Disposition

Judgment entered for the plaintiff against the defendant for $100,682.45, comprising mesne profits and interest; defendant ordered to pay the plaintiff's costs.

Orders

  • ['Order the entry of judgment in favour of the plaintiff against the defendant in the sum of $100,682.45 consisting of mesne profits of $95,494.73 and interest on mesne profits pursuant to s 100 of the Civil Procedure Act 2005 of $5,187.72.' "Order the defendant to pay the plaintiff's costs."]