Stanilite Pacific Ltd. (In Liq) & Anor. v. Seaton and Ors. (No.2) [2005] NSWCA 412

Stanilite Pacific Ltd. (In Liq) & Anor. v. Seaton and Ors. (No.2) [2005] NSWCA 412

Parties
First Appellant: Stanilite Pacific Limited (In liquidation); Second Appellant: SL Electronics (NSW) Pty. Limited (In liquidation); Respondents: William Henry Seaton and those persons listed in Annexure A to the Notice of Appeal trading as Price Waterhouse
Jurisdiction
Australia
Judgment Date
25 November 2005
Procedural Posture
Civil Appeal / Judgment on Interest and Costs After Earlier Appeal Judgment
Outcome
Appeal allowed. Orders below set aside in part. Judgment for first appellant. Damages and interest awarded. Trial costs to be refunded with interest. Costs apportioned by specified fractions. Certificate under the Suitors' Fund Act if eligible.
Legal Topics
Interest on Judgments, Costs Apportionment, Effect of Liquidation on Interest, Costs of Appeal
Civil Procedure Interest on Judgments Costs Apportionment Effect of Liquidation on Interest Costs of Appeal

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Parties

Stanilite Pacific Limited (In liquidation)

First Appellant

SL Electronics (NSW) Pty. Limited (In liquidation)

Second Appellant

William Henry Seaton and those persons listed in Annexure A to the Notice of Appeal trading as Price Waterhouse

Respondents

Procedural Posture

Civil Appeal / Judgment on Interest and Costs After Earlier Appeal Judgment

Legal Issues

  1. 1 Whether liquidation of plaintiff and delay should reduce interest
  2. 2 How costs should be apportioned where the plaintiff is only partially successful

Court Disposition

Appeal allowed. Orders below set aside in part. Judgment for first appellant. Damages and interest awarded. Trial costs to be refunded with interest. Costs apportioned by specified fractions. Certificate under the Suitors' Fund Act if eligible.

Orders

  • Appeal allowed.
  • Order 1 made in the Court below on 12 May 2004 set aside and in lieu thereof judgment for the first appellant.