NSW Caselaw
New South Wales Supreme Court
CITATION : Street & 7 Ors v Luna Park Sydney Pty Limited & 3 Ors [2007] NSWSC 594
HEARING DATE(S) : 8 June 2007 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 8 June 2007
DECISION : Evidence under objection admitted
CATCHWORDS : EVIDENCE – on claim for damages for misleading and deceptive conduct – where plaintiff claims to have proceeded with conversions of commercial property to residential apartments in reliance on misrepresentation as to use of adjoining amusement park and in particular location and operation of thrill rides – whether evidence of noise experience when park subsequently opened admissible – measure of damages – where evidence potentially relevant to actual value of property
LEGISLATION CITED : (CTH) Trade Practices Act 1974 ss 52, 82 (NSW) Crown Lands Act 1989 s 114.
CASES CITED : Joan Street & 7 Ors v Luna Park Sydney Pty Limited & 3 Ors [2007] NSWSC 588 Potts v Miller (1940) 64 CLR 282
Joan Street (first plaintiff) Roslyn Dwyer (second plaintiff) Michael Hesse (third plaintiff) Glen Eight Pty Ltd (fourth plaintiff) Susan Hesse (fifth plaintiff) PARTIES : Robert Simkin (sixth plaintiff) Glen Billington (seventh plaintiff) Fiona Billington (eighth plaintiff) Luna Park Sydney Pty Ltd (first defendant) Metro Edgley Pty Ltd (second defendant) Peter Hearne (third defendant) Warwick Doughty (fourth defendant)
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