Tomlinson v Cut Price Deli Pty Ltd

The Federal Court of Australia heard a case involving Peter John Tomlinson and Jean Tomlinson, the applicants, against Cut Price Deli Pty Limited and other respondents. The dispute pertained to the calculation of damages awarded to the applicants following a judgment. The respondents included Cut Price Deli Pty Limited, Enzo Sgambellone, Harry Malovany, Peter Hoefler, and Ron Harmer, with Cut Price Deli Pty Limited also acting as a cross-claimant against the applicants.

The court was tasked with addressing an arithmetical error in the damages calculation, which was identified by all parties. The initial judgments, pronounced on 12 July 1995 and 18 August 1995, contained incorrect figures for the compensation owed by the respondents to the applicants. The respondents conceded that the damages should instead be $57,355.50 against the first respondent, and $203,422.50 each against the second and fourth respondents.

Justice Drummond reviewed the submissions and agreed with the parties that the arithmetical error necessitated a correction in the damages awarded. Consequently, the court ordered new judgments reflecting the corrected figures. The applicants were to receive $57,355.50 from the first respondent, and $203,422.50 each from the second and fourth respondents. This decision corrected the prior judgments and settled the amount of compensation owed.