NSW Caselaw
New South Wales Court of Appeal
CITATION: PACT PROPERTY PTY LTD v APF COMMERCIAL PTY LTD (NO 2) [2009] NSWCA 293 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): On the papers
JUDGMENT DATE: 18 September 2009
JUDGMENT OF: Beazley JA at 1; Basten JA at 1; Young JA at 1
(1) Appeal allowed in part.
(2) Set aside order 1 made in the Equity Division on 23 July 2008.
DECISION: (3) In lieu thereof, give judgment for the appellant in the amount of $254,368, such judgment to take effect today.
(4) Each party is to bear its own costs of the appeal.
(5) Set aside orders 3 and 4 made on 23 July 2008 and in lieu thereof order that the defendants pay the plaintiff's costs in the Court below, as agreed or assessed.
CATCHWORDS: COSTS – conduct of parties – orders made on appeal which neither party sought – whether factors present justifying award of costs - JUDGMENT – payment as condition of stay pending appeal – capital and interest payable increased on appeal – apportionment of payment between interest and capital
LEGISLATION CITED: Civil Procedure Act 2005 (NSW), s 101
CATEGORY: Consequential orders
Najdovski v Crnojlovic (No 2) [2008] NSWCA 281; 51 MVR 334 CASES CITED: Nicol v Allyacht Spars Pty Ltd [No 2] [1988] HCA 48; 165 CLR 306 Pact Property Pty Ltd v APF Commercial Pty Ltd [2009] NSWCA 218
PARTIES: Pact Property Pty Ltd - Appellant APF Commercial Pty Ltd - Respondent
FILE NUMBER(S): CA 40309/08
COUNSEL: B A Coles QC/A F Fernon - Appellant S Donaldson SC/J L Chambers - Respondent
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