KARA KAR HOLDINGS PTY LTD & ORS v KNUDSEN & ANOR (No 2) [2002] NSWCA 37

New South Wales Court of Appeal

CITATION : KARA KAR HOLDINGS PTY LTD & ORS v KNUDSEN & ANOR (No 2) [2002] NSWCA 37 FILE NUMBER(S) : CA 40894/00 HEARING DATE(S) : On the papers JUDGMENT DATE : 28 February 2002

PARTIES : KARA KAR HOLDINGS PTY LTD & ORS v Neils KNUDSEN & ANOR (No 2) JUDGMENT OF : Mason P at 1; Stein JA at 25; Ipp AJA at 26

LOWER COURT JURISDICTION : Supreme Court - Equity Division LOWER COURT EQ 1150/91 FILE NUMBER(S) : LOWER COURT Austin J JUDICIAL OFFICER :

COUNSEL : Appellants: R G Forster SC/ J J de Meyrick Respondents: A J Sullivan QC/ P L Dodson SOLICITORS : Appellants: Lincoln-Smith & Co Respondents: Koffels

DECISION : See par 24

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40894/00 MASON P STEIN JA IPP AJA

Thursday 28 February 2002 KARA KAR HOLDINGS PTY LTD & ORS v KNUDSEN & ANOR (No 2)

JUDGMENT 1 MASON P: The Court delivered its reasons on 28 August 2001 (Kara Kar Holdings Pty Ltd & Ors v Knudsen & Anor [2001] NSWCA 276). 2 I ended my reasons (with which Ipp AJA concurred, in so far as they differed from those of Stein JA) in the following terms:

The appeal should therefore be allowed. The appellants should pay the costs of the Motion to adduce further evidence and to be relieved of their undertakings, being the Motion dismissed on 21 June 2001. The respondents should pay the appellants' costs of the appeal excluding the costs of the lengthy first set of written submissions.