NSW Caselaw
New South Wales Court of Appeal
CITATION: Equititrust Ltd & Anor v Franks (No 2) [2009] NSWCA 238
HEARING DATE(S): 23 March 2009
JUDGMENT DATE: 13 August 2009
JUDGMENT OF: Ipp JA; Macfarlan JA; Handley AJA
(1) Appeal allowed in part. (2) The judgment in the Equity Division is varied by substituting judgment for $274,797.58 in lieu of $427,869 with effect from 4 April 2008. DECISION: (3) Order that $274,797.58 together with interest on that sum at the judgment rate from 4 April 2008 until the payment into Court, and thereafter at the rate paid on funds in Court, be paid out of Court to the solicitors for the respondent, and that the balance, together with accrued interest, be paid out to the solicitors for the appellants. (4) Application for leave to appeal against the cost orders of 4 April 2008 dismissed. (5) No order as to the costs of the appeal including the costs of the application for a stay heard on 18 August 2008. (6) Appeal otherwise dismissed.
CATCHWORDS: PROCEDURE - costs and consequential orders - no issue of principle
CATEGORY: Consequential orders
Equititrust Ltd (formerly Equitiloan Ltd) (First Appellant) PARTIES: Equitiloan Pty Ltd (formerly Equitiloan Securities Pty Ltd) (Second Appellant) Phillip Maurice Franks (Respondent)
FILE NUMBER(S): CA 40193/08
COUNSEL: D J Jackson QC/M G McHugh (Appellants) M S Willmott SC/M W Sneddon (Respondent)
Marsdens Law Group (Appellants) SOLICITORS: Tucker & Cowen (Appellants) DTA Lawyers (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate