Hunt Leather Pty Ltd & Anor v. Transport for NSW
Hunt Leather Pty Ltd & Ors v. Transport for NSW

Lower Court Judgment

18/09/2024 Supreme Court of New South Wales (Court of Appeal) (Bell CJ, Leeming & Mitchelmore JJA)

[2024] NSWCA 227

Catchwords

TORTS – nuisance – private nuisance – appellants claimed their properties were affected by construction of Sydney Light Rail – whether interference with enjoyment of appellants’ property substantial and unreasonable – whether failure by appellants to establish a failure to take reasonable care determinative – whether respondent bore onus of establishing that it took reasonable care – whether respondent failed to take reasonable care – significance to cause of action in nuisance of taking reasonable care – whether use of road for construction purposes exceptional – whether interference with reasonable enjoyment inevitable – whether delay in construction attributable to discovery of unknown utilities – whether damages should include a “recovery period” – whether s 43A of Civil Liability Act 2002 (NSW) applicable – damages – pure economic loss – funded litigation – funding agreement included commission to funder – whether commission recoverable as component of damages