Lymlind Pty Ltd & Ors v Parianos, George & Anor Parianos George v Parianos, Anagyros & Anor [1997] FCA 661

Lymlind Pty Ltd & Ors v Parianos, George & Anor Parianos George v Parianos, Anagyros & Anor [1997] FCA 661

Because the accounting material and Swiss bank documentation had been verified to the Court's satisfaction and the first respondent accepted the calculation subject only to a limited reservation about a recently communicated correction, judgment should be entered for the applicants against the first respondent for Swiss francs 1,336,584.98 with interest at the daily rate of Swiss francs 172.77 from 11 July 1997 until payment. The operation of that order should be suspended until 16 July 1997, with liberty to apply on 24 hours' written notice, to allow the first respondent to agitate any aspect of the correction if necessary. A further declaratory order was unnecessary; judgment for the...

Jurisdiction
Australia
Judgment Date
11 July 1997
Procedural Posture
Application and Cross Claim / Reasons for Judgment on Making of Further Orders After Orders Made on 12 July 1995
Outcome
Judgment entered for the applicants against the first respondent, with operation of the judgment order suspended up to and including 16 July 1997 and liberty to apply on 24 hours' written notice.
Legal Topics
['entry of Judgment Following Accounting Material' 'interest on Judgment Amount' 'suspension of Operation of Order' 'declaratory Relief' 'reservation of Liberty to Apply']
['civil Procedure' 'accounts' 'judgment Debt'] ['entry of Judgment Following Accounting Material' 'interest on Judgment Amount' 'suspension of Operation of Order' 'declaratory Relief' 'reservation of Liberty to Apply']

Case Brief

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Procedural Posture

Application and Cross Claim / Reasons for Judgment on Making of Further Orders After Orders Made on 12 July 1995

Legal Issues

  1. 1 ['Whether judgment should be entered for the applicants against the first respondent for Swiss francs 1,336,584.98 with interest at the daily rate of Swiss francs 172.77 from 11 July 1997 until payment.' "Whether the operation of the judgment order should be suspended to allow the first respondent's experts a reasonable opportunity to consider a recently communicated correction to the applicants' profit calculations." 'Whether a further declaratory order should be made stating that, after making all proper allowances, the first respondent was liable to pay the second and third applicants the stated amount.' 'Whether the making of the present orders precluded the first respondent from raising issues about certain bank accounts in subsequent proceedings.']

Ratio Decidendi

Because the accounting material and Swiss bank documentation had been verified to the Court's satisfaction and the first respondent accepted the calculation subject only to a limited reservation about a recently communicated correction, judgment should be entered for the applicants against the first respondent for Swiss francs 1,336,584.98 with interest at the daily rate of Swiss francs 172.77 from 11 July 1997 until payment. The operation of that order should be suspended until 16 July 1997, with liberty to apply on 24 hours' written notice, to allow the first respondent to agitate any aspect of the correction if necessary. A further declaratory order was unnecessary; judgment for the...

Court Disposition

Judgment entered for the applicants against the first respondent, with operation of the judgment order suspended up to and including 16 July 1997 and liberty to apply on 24 hours' written notice.

Orders

  • ['Judgment for the applicants against the first respondent for Swiss Francs 1,336,584.98 together with interest at the daily rate of Swiss Francs 172.77 from 11 July 1997 until payment.' 'Suspend the operation of order 1 up to and including 16 July 1997 reserving liberty to any party to apply in this connection upon...