Whalan v Kogarah Municipal Council

The appeal in *Whalan v Kogarah Municipal Council* concerned an assessment of damages by Coorey DCJ in the District Court. The appellant, Ms Whalan, appealed against the judgment, alleging that the trial judge failed to provide adequate reasons for the decision and did not properly consider relevant evidence.

The primary legal issues before the Court of Appeal were whether the trial judge had failed to give reasons, or adequate reasons, for the assessment of damages, and whether the judge had failed to consider evidence that was relevant to the assessment. Arising from these issues, the Court was required to determine whether a new trial should be ordered.

The Court of Appeal upheld the appeal, finding that the trial judge had not given adequate reasons for the assessment of damages and had failed to consider relevant evidence. Consequently, the judgment of Coorey DCJ regarding the assessment of damages was set aside. The matter was remitted to the District Court for a new trial limited to the assessment of damages. The Council was ordered to pay the costs of the appeal, with the exception of the cost of a "blue book" which was not recoverable from either party.