SOURLOS v LUV A COFFEE LISMORE PTY LIMITED & ANOR [2007] NSWCA 203

New South Wales Court of Appeal

CITATION: SOURLOS v LUV A COFFEE LISMORE PTY LIMITED & ANOR [2007] NSWCA 203

HEARING DATE(S): 08/08/07

JUDGMENT DATE: 14 August 2007

JUDGMENT OF: Ipp JA at 1; McColl JA at 34; Hoeben J at 35

DECISION: (a) Appeal upheld (b) The quantum of damages as determined by the trial judge is set aside (c) The case is remitted to the District Court so that the quantum of damages can be assessed afresh (d) The respondents pay 75 per cent of the costs of the appeal (e) The respondents to have a certificate under the Suitors' Fund Act 1951 (NSW) if otherwise qualified.

CATCHWORDS: COURTS AND JUDGES – judgments and orders – statement of reasons for decision – duty to give – extent of duty – expert evidence – dispute between experts – whether trial judge gave adequate reasons for his decision to accept in its entirety the evidence of one expert over another – the incorporation into a judgment of a party's submissions without recounting them (on the basis that the trial judge has accepted those submissions) is unsatisfactory. D

LEGISLATION CITED: Fair Trading Act 1987 (NSW) Suitors's Fund Act 1951 (NSW)

De Iacovo v Lacanale [1957] VR 553 CASES CITED: Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Whalan v Kogarah Municipal Council [2007] NSWCA 5 Wiki Atlantis Relocations (NSW) Pty Ltd (2004) 60 NSWLR 127

Theo Sourlos (Appellant) PARTIES: Luv A Coffee Lismore Pty Limited (First Respondent) Nick Themsen (Second Respondent)

FILE NUMBER(S): CA 40755/06

COUNSEL: G W Pulsford (Appellant) J J Young (Respondents)

SOLICITORS: McMahons National Lawyers (Appellant) Harris & Company (Respondents)