Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10

HIGH COURT OF AUSTRALIA

FRENCH CJ, HAYNE, KIEFEL, BELL AND GAGELER JJ

HUNT & HUNT LAWYERS APPELLANT/APPLICANT

AND

MITCHELL MORGAN NOMINEES PTY LTD & ORS RESPONDENTS

Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10 3 April 2013 S270/2012 & S95/2012

ORDER

1. Appeal allowed with costs.

2. Application for special leave dismissed with costs.

3. Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales dated 15 March 2012 and, in lieu thereof, order that:

interest be allowed on the sum assessed by the Supreme Court of New South Wales to be payable by Hunt & Hunt Lawyers at the rates applied by the Court of Appeal in its orders of 15 March 2012;

the appeal by Mitchell Morgan Nominees Pty Ltd and Mitchell Morgan Nominees (No. 2) Pty Ltd (together "Mitchell Morgan") from the orders made on the second cross-claim by the Supreme Court on 3 July 2009 otherwise be dismissed; and

Mitchell Morgan pay Hunt & Hunt Lawyers' costs in the Court of Appeal.

4. On or before 17 April 2013, Hunt & Hunt Lawyers and Mitchell Morgan file a joint minute stating what further consequential orders should now be made by this Court including an order substituting the amount for which judgment should have been entered by the Court of Appeal in favour of Mitchell Morgan. In default of agreement, each of Hunt & Hunt Lawyers and Mitchell Morgan, on or before 17 April 2013, is to file and serve its proposed minute of order together with written submissions not exceeding two pages in support of its proposed order.

On appeal from the Supreme Court of New South Wales

Representation

D F Jackson QC with N Kabilafkas for the appellant/applicant (instructed by King & Wood Mallesons)

B A J Coles QC with S B Docker and L Walsh for the first and second respondents (instructed by Mills Oakley Lawyers)