SMK Pty Ltd (Formerly Canberra Roof Trusses Pty Ltd) v Kramer, Milan [1995] FCA 976

CATCHWORDS PRACTICE AND PROCEDURE - accidental slip or omission in an order or judgment - monies paid by defendant pursuant to stay of execution pending appeal - defendant successful on appeal - no order for repayment of monies - court ordered repayment - interest payable Federal Court of Australia Act 1976 s 25(3) Federal Court Rules Order 35 rule 7(3) L Shaddock & Associates Proprietary Limited v The Council of the City of Parramatta No 2 (1983) 151 CLR 590 Commonwealth of Australia v McCormack (1984) 155 CLR 273 SMK Pty Limited (Formerly Canberra Roof Trusses Pty Limited) v Milan Kramer No AG 42 of 1992 Lee, Tamberlin, Kiefel JJ. Canberra 24 October 1995

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION No. AG 42 of 1992 On appeal from a Judge of the Supreme Court of the Australian Capital Territory BETWEEN: SMK PTY LIMITED (Formerly Canberra Roof Trusses Pty Limited) Appellant AND: MILAN KRAMER Respondent CORAM: Lee, Tamberlin, Kiefel JJ. PLACE: Canberra DATE: 24 October 1995 ORDERS OF THE COURT THE COURT ORDERS THAT: 1. Pursuant to Order 35 rule 7 that the Order of the Full Court of 3 November 1994 be varied, by inserting as item 5 thereof that the respondent pay the appellant the sum of $100,000. 2. The respondent pay to the appellant the further sum of $7726, being interest on the sum of $100,000 from 11 July 1994 to 24 October 1995 at the rate of 6 percent per annum. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION No. AG 42 of 1992 On appeal from a Judge of the Supreme Court of the Australian Capital Territory BETWEEN: SMK PTY LIMITED (Formerly Canberra Roof Trusses Pty Limited) Appellant AND: MILAN KRAMER Respondent CORAM: Lee, Tamberlin, Kiefel JJ. PLACE: Canberra DATE: 24 October 1995