Jazabas v Botany Council [2000] NSWSC 154

New South Wales Supreme Court

CITATION : Jazabas v Botany Council [2000] NSWSC 154 CURRENT JURISDICTION: Equity Division Construction List FILE NUMBER(S) : SC 55043/1998 HEARING DATE(S) : 03/03/00 JUDGMENT DATE : 14 March 2000

PARTIES : Jazabas Pty Limited - Plaintiff City of Botany Bay Council - Defendant JUDGMENT OF : Rolfe J

COUNSEL : Mr B.W. Rayment QC/Mr P.E. King - Plaintiff Mr M.H. Tobias QC/Mr A.E. Galasso/Mr A.M. Pickles - Defendant SOLICITORS : Segal Litton & Chilton - Plaintiff Phillips Fox - Defendant DECISION : 1. Judgment for the plaintiff in the sum of $1,218,832; 2. The defendant pay the plaintiff's costs; 3. Exhibits be returned at the expiration of 28 days unless, within that time, an appeal has been lodged.

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CONSTRUCTION LIST

ROLFE J

TUESDAY, 14 MARCH 2000

55043/1998 - JAZABAS PTY LIMITED v CITY OF BOTANY BAY COUNCIL

ADDENDUM TO JUDGMENT

HIS HONOUR: 1 On 24 February 2000 I delivered my reasons for concluding that the plaintiff was entitled to a basic verdict against the Council in the sum of $900,550, and I continued:- "To this figure there will have to be added interest and from this figure, perhaps, there will have to be made certain adjustments. I think it better for me to publish these reasons and then to allow the parties to argue those points or, hopefully, to agree upon them. I shall also hear submissions on costs." 2 In this addendum to those reasons I shall deal with the further submissions made and my conclusions in relation to them, and I shall refer to the parties as in my original reasons. 3 The parties' submissions have ranged over the various issues to which I have referred, and several others, viz an apparent mathematical error in the calculation of the number of developments the plaintiff would have built and the proper amount to be deducted in respect of the profit made on the sale of the land.