McCarthy v McIntyre [1999] FCA 805

FEDERAL COURT OF AUSTRALIA McCarthy v McIntyre [1999] FCA 805

RONALD IAN McCARTHY & ORS v NEVILLE McINTYRE & ORS NG 1043 OF 1998 EDLAN NO. 54 PTY LIMITED v AURO ROMANO McINTYRE N 494 OF 1999 HILL, SACKVILLE, KATZ JJ SYDNEY 16 JUNE 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: RONALD IAN McCARTHY NG 1043 OF 1998

First Appellant

MAXWELL McCARTHY

Second Appellant

EDLAN NO. 54 PTY LIMITED

Third Appellant/Cross Respondent

AND: NEVILLE McINTYRE

First Respondent

AURO ROMANO McINTYRE

Second Respondent/Cross Appellant

NEVITORO INVESTMENTS PTY LIMITED

Third Respondent

BETWEEN: EDLAN NO. 54 PTY LIMITED N 494 OF 1999

Appellant

AND: AURO ROMANO McINTYRE

Respondent

JUDGES: HILL, SACKVILLE AND KATZ JJ

DATE OF ORDER: 16 JUNE 1999

WHERE MADE: SYDNEY

THE COURT ORDERS IN PROCEEDING NUMBERED NG 1043 OF 1998 THAT: 1. The appeal by the first appellant and the third appellant against the orders made by Beaumont J on 11 September 1998 and 25 February 1999 be dismissed. 2. The application by the first applicant and the third applicant against the respondents in proceeding numbered NG 672 of 1996 be dismissed. 3. The appeal by the second appellant against the orders made by Beaumont J on 11 September 1998 and 25 February 1999 be allowed. 4. Remit the second appellant's third party reliance claim against the respondents for determination by Beaumont J consistently with this Court's reasons for judgment. 5. The second respondent's cross-appeal against the judgment given by Beaumont J on 25 February 1999 in favour of the third appellant in the sum of $505,476.43, plus interest, be dismissed. 6. The third appellant's appeal against the order made by Beaumont J on 25 February 1999 that interest be payable only in a sum calculated as from 1 December 1997 be dismissed.