BITANNIA PTY LTD & ANOR v PARKLINE CONSTRUCTIONS PTY LTD (NO. 2) [2006] NSWCA 255

BITANNIA PTY LTD & ANOR v PARKLINE CONSTRUCTIONS PTY LTD (NO. 2) [2006] NSWCA 255

The justice of the case required an order for restitution of the judgment sum with interest, in terms consistent with the underlying agreement, provided that each party bears its own costs of the restitution application, and the respondent has until 25 September 2006 for repayment.

Jurisdiction
Australia
Judgment Date
18 September 2006
Procedural Posture
Appeal / Judgment on Post Appeal Application for Restitution and Costs Variation
Outcome
Orders varied to allow restitution and adjust costs as specified.
Legal Topics
['restitution After Appeal' 'repayment of Judgment Sum' 'costs Order']
['restitution'] ['restitution After Appeal' 'repayment of Judgment Sum' 'costs Order']

Case Brief

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Procedural Posture

Appeal / Judgment on Post Appeal Application for Restitution and Costs Variation

Legal Issues

  1. 1 ["Whether the Court should order restitution of a judgment debt paid under an agreement, following the appellants' success on appeal." "Whether interest and repayment terms should align with the parties' prior agreement." 'Whether costs of the restitution application should be ordered.']

Ratio Decidendi

The justice of the case required an order for restitution of the judgment sum with interest, in terms consistent with the underlying agreement, provided that each party bears its own costs of the restitution application, and the respondent has until 25 September 2006 for repayment.

Court Disposition

Orders varied to allow restitution and adjust costs as specified.

Orders

  • ["Vary order 5 to: 'Subject to order 10, the Respondent pay the Appellants' costs of the appeal.'" 'Order that the Respondent, on or before 25 September 2006, repay to the Appellants the sum of $581,026.46 paid by the Appellants to the Respondent, together with interest thereon calculated at the rate of 9% from the...