Krolczyk v Winner t/as J Winner Building Services (No 2)
Case
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[2022] NSWCA 241
•29 November 2022
Details
AGLC
Case
Decision Date
Krolczyk v Winner t/as J Winner Building Services (No 2) [2022] NSWCA 241
[2022] NSWCA 241
29 November 2022
CaseChat Overview and Summary
The appeal in *Krolczyk v Winner t/as J Winner Building Services (No 2)* concerned the finalisation of orders following a principal judgment. The parties involved were the plaintiffs and the first defendant, Mr Winner, trading as J Winner Building Services. The dispute revolved around the precise terms of the orders to be made by the District Court, which were subsequently reviewed by the Court of Appeal of the Supreme Court of New South Wales.
The central legal issue before the Court of Appeal was whether the District Court's orders of 9 August 2021 and 20 October 2021 accurately reflected the court's earlier reasons for judgment and whether those orders should be varied. Specifically, the court had to determine the quantum of damages to be awarded to the plaintiffs and the allocation of costs between the parties.
The Court of Appeal allowed the appeal in part, finding that the District Court's orders required modification. The court set aside the previous orders and substituted new ones. These new orders included a judgment for the plaintiffs against the first defendant, awarding the plaintiffs damages in the amount of $25,790.43. However, the court also ordered that the plaintiffs pay two-thirds of the costs of the first defendant. No order was made as to the costs of the appeal itself.
The central legal issue before the Court of Appeal was whether the District Court's orders of 9 August 2021 and 20 October 2021 accurately reflected the court's earlier reasons for judgment and whether those orders should be varied. Specifically, the court had to determine the quantum of damages to be awarded to the plaintiffs and the allocation of costs between the parties.
The Court of Appeal allowed the appeal in part, finding that the District Court's orders required modification. The court set aside the previous orders and substituted new ones. These new orders included a judgment for the plaintiffs against the first defendant, awarding the plaintiffs damages in the amount of $25,790.43. However, the court also ordered that the plaintiffs pay two-thirds of the costs of the first defendant. No order was made as to the costs of the appeal itself.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Contract Law
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Negligence & Tort
Legal Concepts
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Appeal
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Damages
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Costs
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Remedies
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Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
2
Krolczyk v Winner t/as J Winner Building Services
[2022] NSWCA 196