NSW Caselaw
New South Wales Supreme Court
CITATION : Stein v Torella Holdings Pty Ltd ACN 086 346 614 [2010] NSWSC 1445
HEARING DATE(S) : 9 December 2010
JUDGMENT DATE : 16 December 2010
JUDGMENT OF : Hallen AsJ
DECISION : 1. I direct the parties to bring in short minutes of order. 2. I stand the proceedings over to a date in the new Law term, to enable the calculations by each side to be agreed.
CATCHWORDS : CONTRACTS - joint venture - previous taking of an account before different Associate Justice who had retired - method of calculation of interest previously determined - interest should be simple interest - Additional question raised by parties - how payments made and received by creditor should be applied - whether first to loan and then to interest payable thereon or otherwise in accordance with manner in which receipt of payment had been treated by creditor or directed to be treated by creditor - determination based upon construction of deed - Upon construction of Deed payments received credited to loan first and then to interest payable thereon - PAYMENT OF INTEREST on moneys found to be payable - interest calculated from 25 June 2008 until payment at rate prescribed by Practice Note - COSTS of application for accounts and for the hearing
Civil Procedure Act 2005 LEGISLATION CITED : Ritchie's Uniform Civil Procedure NSW Uniform Civil Procedure Rules 2005
CATEGORY : Principal judgment
Australian Broadcasting Commission v Australasian Performing Right Assn Ltd (1973) 129 CLR 99 Brennan v Brennan (1953) 89 CLR 129 Carra v Hamilton [2001] VSC 215; (2001) 3 VR 114 Falk v Haugh (1935) 53 CLR 163 Franklins Pty Ltd v Metcash Trading Ltd (2009) 264 ALR 15 French v Smith [2005] VSCA 114 Healey v Commonwealth Bank [1998] NSWSC 678 Hexiva Pty Limited and Ors v Lederer and Ors (2) [2007] NSWSC 49 Hillas & Co Ltd v Arcos Ltd [1932] UKHL 2 Morlines Maritime Agency Ltd v Skulptor Vuchetich (Tamberlin J., 29 August 1997, unreported) CASES CITED : Orr v Holmes (1948) 76 CLR 632 Re Consolidated Fertilizers Ltd v Deputy Commissioner of Taxation [1992] FCA 224 Re Mangan; Ex parte Andrew (1983) 123 ALR 633 Re: The Farm Security Act 1944 of the Province of Saskatchewan (1947) SCR 394 R W Miller & Co Pty Ltd v The Ship Patris [1975] 1 NSWLR 704 Smallacombe v Lockyer Investment Co Pty Ltd (1993) 42 FCR 97 Re Walsh; Ex parte Deputy Commissioner of Taxation (NSW) (1982) 42 ALR 727 Stein v Torella Holdings Pty Limited [2009] NSWSC 971 Thomas v SMP (International) [No 6] [2010] NSWSC 1311 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2010] NSWSC 1106 Upper Hunter County District Council v Australian Chilling and Freezing Co Ltd (1968) 118 CLR 429 Wentworth v Rogers (No 3) (1986) 6 NSWLR 642
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