Stepanoski v Aslan (No 5) [2020] NSWSC 139

Supreme Court New South Wales

Medium Neutral Citation: Stepanoski v Aslan (No 5) [2020] NSWSC 139 Hearing dates: 24 February 2020 Date of orders: 24 February 2020 Decision date: 24 February 2020 Jurisdiction: Equity Before: Emmett AJA Decision: 1. The Plaintiffs be granted leave to re-open its case in the hearing proper and read and or tender the material on the issue of quantum of damages as follows:

Affidavit of Keith Redenbach Affidavit sworn 21 November 2019. Exhibit KR 1 to Affidavit of Keith Redenbach sworn 21 November 2019. The Affidavit of Mr Adam Brackenridge McMonigal sworn 28 October 2016 annexing Mr McMonigal's expert report. Affidavit of Mr Adam Brackenridge McMonigal sworn 11 February 2020. Annexure ABM 1 to McMonigal Affidavit 11 February 2020: Letter from Keith Redenbach Legal dated 29 September 2016. Annexure ABM 2 to McMonigal Affidavit 11 February 2020: Email from Keith Redenbach dated 28 September 2016 Annexure ABM 3 to McMonigal Affidavit 11 February 2020: Email from Andy Yeung of Ray White Real Estate Willoughby dated 21 September 2016 Annexure ABM 4 to McMonigal Affidavit 11 February 2020: the contract for Sale of Land completed on 9 September 2016 Annexure ABM 5 to McMonigal Affidavit 11 February 2020: Notice of Determination to Modify a Consent from Willoughby City Council dated 30 September 2015; and Annexure ABM 6 to McMonigal Affidavit 11 February 2020: the stamped DA plans for the property. The Court Notes: that the Plaintiffs rely upon its written submissions dated 5 November 2019 and 10 January 2020 on the question of quantum of damages.