STROUD & REES (SUPPLEMENTARY REASONS)

In *Stroud & Rees (Supplementary Reasons)*, Cronin J of the Supreme Court of Tasmania provided supplementary reasons concerning a dispute between Stroud and Rees. The original judgment, delivered on 15 December 2023, dealt with an application for an order for possession of land. These supplementary reasons were sought to clarify the court's approach to the assessment of mesne profits and the application of the principle of *res judicata*.

The primary legal issues before the court were whether the doctrine of *res judicata* precluded the applicants from claiming mesne profits for the period between the filing of the original application and the date of the final judgment, and how mesne profits should be calculated in this context. The applicants sought to recover profits allegedly lost due to the respondents' continued occupation of the land after the commencement of proceedings.

Cronin J clarified that the principle of *res judicata* did not prevent the claim for mesne profits for the period in question. His Honour reasoned that the original application for possession did not encompass a claim for mesne profits, and therefore, the judgment on possession did not extinguish the right to pursue this separate, albeit related, claim. The court affirmed that mesne profits are a form of damages for trespass, representing the value of the use and occupation of land by a trespasser. The assessment of these profits would be based on the fair rental value of the property during the period of wrongful occupation.