NSW Caselaw
New South Wales Court of Appeal
CITATION: Whalan v Kogarah Municipal Council [2007] NSWCA 5
HEARING DATE(S): 31/01/07
JUDGMENT DATE: 9 February 2007
JUDGMENT OF: Mason P; Ipp JA; Tobias JA
DECISION: (1) Appeal is upheld (2) The judgment of Coorey DCJ as regards the assessment of damages is set aside. The matter is remitted to the District Court for a new trial as to damages (3) Save as regards the cost of the blue book (the cost of the blue book not being recoverable from the Council or from Ms Whalan), the Council is to pay the costs of the appeal.
CATCHWORDS: APPEAL - grounds - failure to give reasons - whether trial judge failed to give reasons or to give adequate reasons - failure to consider evidence - whether trial judge failed to give consideration to relevant evidence - whether new trial should be ordered. D
CASES CITED: Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 Mifsud v Campbell (1991) 21 NSWLR 725
PARTIES: Diane Whalan (Appellant) Kogarah Municipal Council (Respondent)
FILE NUMBER(S): CA 40944/05
COUNSEL: B Dooley (Appellant) R Sheldon (Respondent)
SOLICITORS: Owen Hodge Lawyers (Appellant) Phillips Fox (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 4824/03
LOWER COURT JUDICIAL OFFICER: Coorey DCJ
LOWER COURT DATE OF DECISION: 15/06/05
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40944/05 DC 4824/03
MASON P IPP JA TOBIAS JA
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