Sydney Local Health District v Macquarie International Health Clinic Pty Ltd (No 2) [2020] NSWCA 316

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sydney Local Health District v Macquarie International Health Clinic Pty Ltd (No 2) [2020] NSWCA 316 Hearing dates: On the papers Date of orders: 08 December 2020 Decision date: 08 December 2020 Before: Bell P; Gleeson JA; Payne JA Decision: (1) Order (3)(a)(i) made on 2 November 2020 be varied such that there be judgment for the respondent for mesne profits of $15,806,163.90 (comprising $9,486,564 in damages and $6,319,599.90 in interest to the date of payment on 18 October 2019) in relation to the Car Park Site (which sum has already been paid). (2) Order 3(a)(ii) made on 2 November 2020 be varied such that there be judgment as at 29 November 2019 for the respondent in the sum of $795,628.75 for additional building and consultancy costs (being $1,048,800 less part payment of $253,171.25). (3) Order 3(a)(iii) made on 2 November 2020 be varied such that there be judgment as at 29 November 2019 for the respondent in the sum of $301,990 (excluding GST) in damages for remediation and excavation work. (4) The respondent repay to the appellant the sum of $138,000 (together with interest at Supreme Court rates from 24 December 2019 to the date of payment), being the payment made pursuant to order 7 made by the primary judge on 29 November 2019. (5) Each party pay its own costs of the inquiry as to damages before Kunc J. (6) Each party pay its own costs of the Guarantee and Indemnity proceedings 2010/90340 and the Land and Environment Court proceedings 2015/348137. Catchwords: COSTS – no issue of principle Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Choo v Zhang (No 2) [2016] NSWCA 301 Doppstadt Australia Pty Ltd v Lovick & Sons Developments Pty Ltd (No 2) [2014] NSWCA 219 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Ryde Developments Pty Ltd v Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Sydney Local Health District v Macquarie International Health Clinic Pty Ltd [2020] NSWCA 274 Category: Costs Parties: Sydney Local Health District (Appellant) Macquarie International Health Clinic Pty Ltd (Respondent) Representation: Counsel: