Kumar v Sydney Western Realty Pty Ltd & Anor (No. 3) [2021] NSWDC 481

District Court New South Wales

Medium Neutral Citation: Kumar v Sydney Western Realty Pty Ltd & Anor (No. 3) [2021] NSWDC 481 Hearing dates: On the papers Date of orders: 13 September 2021 Decision date: 13 September 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 73 Catchwords: JUDGMENTS AND ORDERS - reasons published, with opportunity granted to parties to submit as to calculations on heads of damages - defendants complain of reasoning as to disputed heads of loss and seek correction - whether any correction may be made under 'slip rule' - whether application to reopen argument - whether any suggested misapprehension in reasoning solely attributable to conduct of defendants - whether jurisdiction to permit reopening is enlivened CIVIL PROCEDURE - disputed claim for interest on damages - whether interest awarded on basis of aggregate amount for damages or individual heads of loss - whether interest recoverable on future losses Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 59, 60 Supreme Court Act 1970 (NSW) s 101 Uniform Civil Procedure Rules 2005 (NSW) rr 2.1, 36.17 Cases Cited: Autodesk Inc v Dyason (No.2) (1993) 176 CLR 300 Gaskin v Ollerenshaw [2010] NSWSC 788 Kumar v Sydney Western Realty Pty Ltd & Anor (No.2) [2021] NSWDC 446 Majak v Rose (No.5) [2017] NSWCA 238 Newmont Yandal Operations Pty Ltd v The J Aron Corp (2007) 70 NSWLR 411 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481 Category: Consequential orders Parties: Ms D Kumar (plaintiff) Sydney Western Realty Pty Ltd (first defendant) Mr A Singh (second defendant) Representation: Counsel: Mr R O'Neill for the plaintiff Mr M Klooster for the first defendant Mr M Hutchings for the second defendant