KATION PTY LTD v LAMRU PTY LTD; LEWIS v NORTEX PTY LTD (In liq) [2009] NSWCA 145

New South Wales Court of Appeal

CITATION: KATION PTY LTD v LAMRU PTY LTD; LEWIS v NORTEX PTY LTD (In liq) [2009] NSWCA 145

HEARING DATE(S): 27-30 October 2008

JUDGMENT DATE: 12 June 2009

JUDGMENT OF: Allsop P at 1; Hodgson JA at 12; Basten JA at 36

(1) Grant leave to the appellants and cross-appellants to appeal with respect to the matters raised in their notices of appeal and cross-appeal filed in this Court so that all steps purportedly taken shall be treated as properly taken in the appeal and cross-appeal respectively.

(2) The appeal be dismissed.

(3) The cross-appeal be allowed in part and the orders made by the trial judge in matter nos 3081 of 1997 and 1750 of 2002 be varied so that:

(i) in order 1, the reference to order "3(iii)(d)" be amended to order "3(d)"; (ii) in order 3 delete paragraphs (d)-(f) and in lieu thereof insert the following:"

(d) order that Lewis and Kation pay to Lamru: (i) in respect of the 1995 financial year, $23,228, together with interest calculated from 30 June 1995; (ii) in respect of the 1996 financial year, $40,650, together with interest calculated from 30 June 1996; (iii) in respect of the 1997 financial year, $55,493, together with interest calculated from 30 June 1997;

(e) order that Lewis and Kation reconstitute the Nortex unit trust by paying into the trust fund: (i) in respect of the 1996 financial year, an amount of $60,976, together with interest calculated from 30 June 1996; (ii) in respect of the 1997 financial year, an amount of $83,240, together with interest calculated from 30 June 1997;