Youyang Pty Limited v Minter Ellison Morris Fletcher

[2003] HCA 15
(2003) 212 CLR 484
(2003) 77 ALJR 895
(2003) 196 ALR 482

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Youyang Pty Limited
vMinter Ellison Morris Fletcher

Court:

Judges: Gleeson CJ
Mchugh J
Gummow J
Kirby J
Hayne J

Hearing date:
Judgment date: 3 April 2003

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ORDER

1. Appeal allowed with costs .

2. Orders 1, 2, 3, 4, 5, 7 and 8 made by the New South Wales Court of Appeal on 8 October 2001 are set aside and, in their place, order that :

a)

the appeal to that Court is allowed with costs and the cross-appeal is dismissed with costs ,

b)

Orders 3, 4, 5 and 6 made by Brownie AJ on 16 August 2000 are set aside ,

c)

the respondent pay the costs of the appellant at first instance, and

d)

Order 1 made by Brownie AJ on 16 August 2000 is varied so as to replace the amount of $ 414 , 009 with $ 500 , 000, together with interest thereon pursuant to s 94 , Supreme Court Act 1970 (NSW) from 24 September 1993 to the date of these orders .

3. The parties have 28 days within which to file a proposed consent order to supplement order 2(d ), by fixing the actual sum for interest under s 94 , Supreme Court Act 1970 (NSW ). In the absence of such a proposed consent order, each party is at liberty to restore the matter to a single Justice of this Court for further directions .