Amadio Pty Ltd & Anor v Henderson, Russell Fraser & Ors [1998] FCA 1069

FEDERAL COURT OF AUSTRALIA JUDGMENTS AND ORDERS – claims for restitution and damages relating to the same loss – orders made on appeal for restitution to be made by one of the parties - other parties had paid damages pursuant to primary judge's orders which were not stayed pending appeal – claimed that party subject to restitution order should recoup to the parties paying damages the amount by which the payments effectively discharged the obligation to make restitution – repayment of moneys paid pursuant to a judgment which is set aside on appeal

PRACTICE AND PROCEDURE – INDEMNITY COSTS – indemnity costs sought on the basis of rejected Calderbank offers – relevance of conditional offer on court's discretion to order indemnity costs – relevance to discretion of alleged lack of merit in unsuccessful appeals Federal Court of Australia Act 1976 (Cth) ss 25 and 28(1) Duralla Pty Ltd v Plant (1984) 54 ALR 29 cited Petreski v Cargill (1987) 18 FCR 68 cited

Government Insurance Office of New South Wales v Healy [No 2] (1991) 22 NSWLR 380 cited

The Commonwealth of Australia v McCormack (1984) 155 CLR 273 cited

Burke v Gillett [1996] 1 VR 196 cited

Re Ryan; Ex Parte Ryan v Jupiter's Management Ltd (1992) 38 FCR 127 cited

AMADIO PTY LTD AND ANOTHER v RUSSELL FRASER HENDERSON AND OTHERS VG 244, 245, 248, 249, 250 AND 252 OF 1996

JUDGES: NORTHROP, RYAN AND MERKEL JJ DATE: 28 AUGUST 1998 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA [general distribution]

VICTORIA DISTRICT REGISTRY VG 244 of 1996

VG 245 of 1996

VG 248 of 1996

VG 249 of 1996

VG 250 of 1996

VG 252 of 1996

ON APPEAL FROM a judge of THE FEDERAL COURT OF AUSTRALIA