Federal Court of Australia
CATCHWORDS
Contract - variation - contract expressly providing for variation - variation otherwise than as provided - conduct
of parties creating new contract to vary original contract.
Crown - appropriation and expenditure of public moneys - money paid from Consolidated Revenue - authority and recoverability - Judiciary Act 1963, s.64 - effect of non-compliance with Treasury
Regulations.
Claim for interest on amount claimed - power of Supreme Court to award such interest - whether Common Law Procedure Act 1889 (N.S.W.}) applies in the Territory - whether the awarding of such interest a matter of "practice and procedure" - Supreme Court
Act 1933, s.27 ~ Supreme Court Act (N.S.W.) s.94,
COMMONWEALTH OF AUSTRALIA v. CROTHALL HOSPITAL SERVICES (AUST.) LTD.
No. A.C.T. G.37 of 1980 Coram: Blackburn, Deane and Ellicott JJ. 17 August 1981
Canberra.
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
)
) No. A.C.T. 37 of 1980 DISTRICT REGISTRY ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: THE COMMONWEALTH OF AUSTRALIA
Appellant
AND: CROTHALL HOSPITAL SERVICES (AUST.)
LIMITED (formerly) CROTHALL § CO.
(N.S.W.) PTY. LIMITED
Respondent
ORDER Judges Making Order: Blackburn, Deane and Ellicott JJ. Date of Order: 17 August 1981
Where Made: Canberra.
THE COURT ORDERS THAT:
1. the appeal be dismissed; 2. the cross-appeal be dismissed; 3. the appellant pay two-thirds of the respondent's taxed
costs of the appeal and cross-appeal.
BLACKBURN J.
?
I have had the great advantage of reading the reasons for judgment of Ellicott J. On the appeal, I agree with those reasons. I have, however, the misfortune to differ on the question of the cross-appeal. I proceed to express my reasons
for holding that the cross-appeal should be dismissed.
The cross-appeal is from the trial judge's decision on the plaintiff's claim to interest from 1 July 1974 on the amount claimed by it. He held that this claim failed, as there was no statutory provision in the law of the Territory for interest to be awarded on amounts claimed (as distinct from judgment debts), and as the case did not come within any of the exceptional cases
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