711 Hogben Pty Ltd v Tadros - Variation and Slip Rule Application

In this case, 711 Hogben Pty Ltd, the landlord, sought to vary a verdict that had been rendered in favour of the cross-claimants, the tenants, on the basis that the amount awarded did not fully account for the tenants' liability to pay rent, did not include the landlord's claim for mesne profits and outgoings, and that the court had inadvertently overlooked some expenses for the non-trading period from 15 July to 18 November 2015. The case was heard in the Supreme Court of Victoria. The tenants, in turn, opposed the landlord's application, arguing that the amount awarded already accounted for the relevant rental and that any claim for outgoings would result in an increase in the verdict in their favour.

The central legal issues the court had to address were whether the court had made an inadvertent error in calculating the amount awarded to the tenants and whether the amount awarded adequately accounted for the landlord's claim for unpaid rent, mesne profits, and outgoings. The court was also required to consider whether there was an inadvertent omission in the calculation of expenses for the non-trading period.

In its decision, the court found that the amount awarded had taken full account of the rental liability. The court also determined that any claim for outgoings, if allowed, would result in an equivalent increase in the verdict in favour of the tenants. Furthermore, the court found no inadvertent slip in relation to the expenses for the non-trading period. Therefore, the landlord's application was dismissed. The court held that the verdict already accounted for the relevant rental and that any claim for outgoings would have a reciprocal effect on the tenants' verdict.