BITANNIA PTY LTD & ANOR v PARKLINE CONSTRUCTIONS PTY LTD (NO. 2) [2006] NSWCA 255

New South Wales Court of Appeal

CITATION: BITANNIA PTY LTD & ANOR v PARKLINE CONSTRUCTIONS PTY LTD (NO. 2) [2006] NSWCA 255

HEARING DATE(S): 13 and 14 July 2006

JUDGMENT DATE: 18 September 2006

JUDGMENT OF: Hodgson JA; Tobias JA; Basten JA

DECISION: (1) Vary order 5 to read; Subject to order 10, the Respondent pay the Appellants' costs of the appeal.; (2) Add two further orders in the following terms; (9) Order that the Respondent, on or before 25 September 2006, repay to the Appellants the sum of $581,026.46 paid by the Appellants to the Respondent, together with interest thereon calculated at the rate of 9% from the date of payment by the Appellants to the day of repayment by the Respondent; (10) Each party to bear its own costs of this application.

CATCHWORDS: RESTITUTION – prior to the appeal Appellant agreed to pay the amount of the judgment debt to the Respondent on certain conditions – appeal successful – order made to repay money in terms not inconsistent with the agreement

CASES CITED: Ambulance Service of New South Wales v Worley (No. 2) [2006] NSWCA 236

Bitannia Pty Ltd - First Appellant PARTIES: Rossfield Nominees (ACT) Pty Ltd - Second Appellant Parkline Constructions Pty Ltd - Respondent Attorney-General of NSW - Intervenor

FILE NUMBER(S): CA 40113/06

Mr R. Margo SC/Mr J.J. Young - First and Second Appellants COUNSEL: Mr M. Rudge SC/Mr D.R. Sibtain - Respondent Mr I. Mescher - Intervenor

Joe Ryan Solicitor, Bondi Junction - First and Second Appellants SOLICITORS: Gadens Lawyers, Sydney - Respondent Crown Solicitor's Office, Sydney - Intervenor

LOWER COURT JURISDICTION: District Court