Payne, Daniel trading as Sussex Inlet Pontoons v Liccardy (No 2)

The appeal concerned a dispute between Daniel Payne, trading as Sussex Inlet Pontoons (the appellant), and Liccardy (the respondent), heard in the Court of Appeal of New South Wales. The appeal sought to vary a judgment previously made by the District Court.

The primary legal issues before the Court of Appeal were whether the District Court's original judgment should be varied, specifically concerning the amount awarded to the respondent and the date from which that judgment should take effect, and how the costs of the appeal should be allocated given the partial success of the appellant.

The Court of Appeal allowed the appeal in part, amending the name of the appellant and setting aside the first order of the District Court. In its place, the Court ordered that judgment be entered for the respondent in the sum of $325,341.28, backdated to the original District Court judgment date of 5 July 2022. The appeal was otherwise dismissed. The Court ordered that the respondent pay 30% of the appellant's costs of the appeal, assessed on the ordinary basis, reflecting the appellant's partial success.