Hunt Leather Pty Ltd v Transport for NSW (No 3) [2023] NSWSC 1598

Hunt Leather Pty Ltd v Transport for NSW (No 3) [2023] NSWSC 1598

Judgment amended under slip rule to correct terminology and date errors; damages for Hunt Leather and Ancio to be finalised after parties agree on interest and funder's fee issue, with funder's fee decision reserved.

Jurisdiction
Australia
Judgment Date
14 December 2023
Procedural Posture
Civil / Post Trial Interlocutory and Amendment; Judgment Reserved on Damages Head
Outcome
Judgment reserved on funder's fee; orders for amendments to principal judgment under slip rule; parties to provide Chambers with agreed amounts of judgment for Hunt Leather and Ancio.
Legal Topics
['damages' 'slip Rule' 'nuisance' 'amendment of Judgment']
['common Law'] ['damages' 'slip Rule' 'nuisance' 'amendment of Judgment']

Case Brief

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Procedural Posture

Civil / Post Trial Interlocutory and Amendment; Judgment Reserved on Damages Head

Legal Issues

  1. 1 ["Whether the funder's fee commission should be included as a head of damages" 'Finalisation of damages amount for Hunt Leather and Ancio' 'Application of the slip rule to correct errors in the judgment']

Ratio Decidendi

Judgment amended under slip rule to correct terminology and date errors; damages for Hunt Leather and Ancio to be finalised after parties agree on interest and funder's fee issue, with funder's fee decision reserved.

Court Disposition

Judgment reserved on funder's fee; orders for amendments to principal judgment under slip rule; parties to provide Chambers with agreed amounts of judgment for Hunt Leather and Ancio.

Orders

  • ['Judgment on funding fee issue is reserved.' 'Principal judgment amended in accordance with slip rule as per this judgment.' 'Parties directed to provide Chambers with email setting out amounts of judgment for Hunt Leather and Ancio.']