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

Case Nos. S20/2025, S21/2025
Case information

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

Documents

06/02/2025 Determination

20/02/2025 Notices of appeal

13/03/2025 Written submissions (Appellants)

13/03/2025 Chronology (Appellants)

13/03/2025 Written submissions (Respondent)

17/04/2025 Reply

15/05/2025 Hearing (Full Court, Canberra) (Audio-visual recording)

15/05/2025 Outline of oral argument (Appellants)

15/05/2025 Outline of oral argument (Respondent)

16/05/2025 Hearing (Full Court, Canberra) (Audio-visual recording)