High Court of Australia
High Court of Australia McTiernan, Gibbs, Stephen, Jacobs and Murphy JJ. Voulis v Kozary [1975] HCA 44
ORDER Appeal allowed with costs against the first and second respondents. Order that the judgment and order of the Court of Appeal of the Supreme Court be set aside, and that in lieu thereof it be ordered that the appeal to that Court be allowed with costs against the first and second respondents and that the judgment and order of Holland J. be set aside and that in lieu of the last-mentioned judgment and order:
(1) Give judgment for the plaintiff in the action;
(2) Declare that the plaintiff is beneficially entitled to a one-third interest in Lottery Ticket No. 88477 in New South Wales Opera House Lottery No. 384 and in the prizemoney paid or payable in respect thereof;
(3) Order that the solicitor for the plaintiff and the solicitor for the first and second defendants forthwith pay out the sum of $140,000 held pursuant to order made by the Court on 7 December 1973, and the interest accrued on the said sum of $140,000 as follows:—
(a) $66,666.67 and a proportionate amount of the accrued interest to the plaintiff or as he shall direct;
(b) $6,666.66 and a proportionate amount of the accrued interest to the first defendant or as he shall direct;
(c) $66,666.67 and a proportionate amount of the accrued interest to the second defendant or as he shall direct.
(4) Order that the first and second defendants pay the costs of the plaintiff and of the third and fourth defendants including reserved costs.
Grant liberty to apply:
(1) To either of the first and second respondents as to the respective amounts to be paid to them out of the sum held pursuant to the order made on 7 December 1973;
(2) To either of the third and fourth respondents as to their costs (if any) of the appeals to the Court of Appeal and to this Court.
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