711 Hogben Pty Ltd v Tadros – Variation and Slip Rule Application [2022] NSWSC 1568

Supreme Court New South Wales

Medium Neutral Citation: 711 Hogben Pty Ltd v Tadros – Variation and Slip Rule Application [2022] NSWSC 1568 Hearing dates: 15 November 2022 Decision date: 17 November 2022 Jurisdiction: Equity - Commercial List Before: Hammerschlag CJ in Eq Decision: Motion dismissed with costs Catchwords: Application to vary the amount of the verdict made in favour of the cross claimant Tenants on the basis that the figure for damages did not account fully for the Tenants' admitted liability to pay rent, did not fully include the Landlord's claim for mesne profits and outgoings, and that the Court slipped by not taking full account of expenses for the non-trading period from 15 July to 18 November 2015 – HELD – full account of the rental was taken – the claim for outgoings, if allowed, would result in an equivalent increase in the verdict in favour of the Tenants, and that no inadvertent slip was made in relation to expenses – application dismissed Cases Cited: 711 Hogben Pty Ltd v Tadros (No 2) [2016] NSWSC 1754 711 Hogben Pty Ltd v Anthony Tadros [2022] NSWSC 1259 Category: Procedural rulings Parties: George Tadros - Third Defendant/First Cross Claimant Anthony Tadros - First Defendant/Second Cross Claimant Sharon Tadros - Second Defendant/Third Cross Claimant 711 Hogben Pty Ltd ACN 157911745 - Plaintiff/ Third Cross Defendant Representation: Counsel: M W Young SC - Defendants/Cross Claimants J E Lazarus SC - Plaintiff/Third Cross Defendant

Solicitors: Finn Roache Lawyers - Defendants/Cross Claimants One Group Legal - Plaintiff/Third Cross Defendant File Number(s): 2015/330101