Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 9) [2008] FCA 1617

Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 9) [2008] FCA 1617

Because the first respondent had succeeded on its cross-claim and was entitled under the judgment to the $40,000 deposit plus interest paid into court, the first applicant's unfiled intended appeal did not itself justify withholding the money. The appropriate course was to pay the money to the first respondent's solicitors' trust account, with payment on to the first respondent conditional on the first applicant not filing a notice of appeal and stay application within the specified times.

Jurisdiction
Australia
Judgment Date
29 October 2008
Procedural Posture
Notice of Motion Concerning Payment Out of Money Paid Into Court After Judgment on a Cross Claim / Post Judgment, After Primary Judgment and Costs Judgment, With an Intended Appeal Not Yet Filed
Outcome
Orders made for the money paid into court to be paid to the first respondent's solicitors' trust account, subject to conditions concerning any notice of appeal and stay application; costs of the notice of motion reserved.
Legal Topics
['payment Out of Money Paid Into Court' 'stay Pending Appeal' 'entitlement to Fruits of Judgment' 'deposit Under Packing Shed Agreement' 'cross Claim Damages' 'costs Reserved']
['civil Procedure' 'contract Law' 'appellate Procedure' 'costs'] ['payment Out of Money Paid Into Court' 'stay Pending Appeal' 'entitlement to Fruits of Judgment' 'deposit Under Packing Shed Agreement' 'cross Claim Damages' 'costs Reserved']

Case Brief

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Procedural Posture

Notice of Motion Concerning Payment Out of Money Paid Into Court After Judgment on a Cross Claim / Post Judgment, After Primary Judgment and Costs Judgment, With an Intended Appeal Not Yet Filed

Legal Issues

  1. 1 ['Whether the sum of $40,239.06 paid into court should be released to the first respondent following judgment on its cross-claim.' "Whether the first applicant's stated intention to appeal justified withholding release of the money until the appeal was resolved." 'What interim arrangements should apply pending any notice of appeal and stay application.']

Ratio Decidendi

Because the first respondent had succeeded on its cross-claim and was entitled under the judgment to the $40,000 deposit plus interest paid into court, the first applicant's unfiled intended appeal did not itself justify withholding the money. The appropriate course was to pay the money to the first respondent's solicitors' trust account, with payment on to the first respondent conditional on the first applicant not filing a notice of appeal and stay application within the specified times.

Court Disposition

Orders made for the money paid into court to be paid to the first respondent's solicitors' trust account, subject to conditions concerning any notice of appeal and stay application; costs of the notice of motion reserved.

Orders

  • ['The sum of $40,239.06 deposited by Barimornie Pastoral Pty Ltd ABN 32 077 732 828 trading as Ray White Rural (Qld) by letter dated 22 December 2005 together with any accretions be paid to the first respondent to the proceeding.' 'The payment referred to in paragraph 1 hereof be made by making payment to the trust...