Luben Petkovski v Kai Yin Huang (No. 2) [2019] NSWSC 1563

Supreme Court New South Wales

Medium Neutral Citation: Luben Petkovski v Kai Yin Huang (No. 2) [2019] NSWSC 1563 Hearing dates: 10 & 11 September 2019 Date of orders: 08 November 2019 Decision date: 08 November 2019 Jurisdiction: Equity Before: Slattery J Decision: On the plaintiffs'/cross-defendants' motion of 29 August 2019, no order is made setting aside declarations 9 and 10 made on 17 December 2018 but no consequential relief will be given on the declarations. Various judgments entered for various amounts. Costs reserved. Catchwords: PRACTICE AND PROCEDURE – the Court's first judgment directed the parties to bring in short minutes of order to give effect to the Court's reasons in the first judgment – short minutes of order were prepared and made by consent – plaintiffs/cross-defendants consented to the short minutes of order under a misapprehension as to the effect of the directions of the Court – orders made include declarations as to the liability of the second, third and fourth cross- defendants – Uniform Civil Procedure Rules 2005, rr 36.15 and 36.16(3) – whether the declaratory orders can and should be set aside – whether consequential relief can be claimed based on declaratory orders.

DAMAGES – assessment of the quantum of various claims for damages for trespass or nuisance – no question of principle. Legislation Cited: Australian Consumer Law, s 238 Uniform Civil Procedure Rules 2005, rr 36.15(1), 36.16(3) Cases Cited: Barnes v Addy (1874) LR9ChApp 244 Luben Petkovski v Kai Yin Huang [2018] NSWSC 1667 Category: Consequential orders (other than Costs) Parties: Luben Petkovski (first plaintiff, first cross-defendant) Diana Petkovski (second plaintiff, second cross-defendant) George Gashovski (third plaintiff, third cross-defendant) Lence Petkovski (fourth plaintiff, fourth cross-defendant) Kai Yin Huang (defendant, first cross-claimant) Xuan Jing Huang (second cross-claimant) Representation: Counsel: D A Moujalli (plaintiffs/cross-defendants) J S Wheelhouse SC, J E Doyon (defendant /cross-claimants)