State of New South Wales v Loh Min Choo (No 2) [2012] NSWCA 373

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Loh Min Choo (No 2) [2012] NSWCA 373 Hearing dates: On the papers Decision date: 29 November 2012 Before: McColl JA at [1]; Campbell JA at [2]; Macfarlan JA at [3] Decision: The following orders are made in addition to order (1) made on 6 September 2012: (1) In lieu of order (2) made on 6 September 2012, set aside the orders made at first instance on 5 December 2011, as amended on 12 January 2012. (2) In lieu of the orders set aside: (a) Judgment for the respondents against the first appellant in the amount of $530,205. (b) Order the first appellant to pay the respondents' costs of the proceedings at first instance. (3) In respect of the payment of $1,000,000 made by the first appellant to the respondents on 3 January 2012 pursuant to the judgment entered at first instance, order the respondents to repay $503,687.50 to the first appellant forthwith. (4) Note that no order is made as to the costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - consequential orders - no issue of principle Legislation Cited: Civil Procedure Act 2005 Interpretation Act 1987 Property, Stock and Business Agents Act 2002 Cases Cited: Coulton v Holcombe [1986] HCA 33; 162 CLR 1 Metwally v University of Wollongong [1985] HCA 28; 59 ALJR 481 Patel v R [2012] HCA 29; 86 ALJR 954 Category: Consequential orders Parties: State of New South Wales (First Appellant) Commissioner for Fair Trading, Department of Finance and Services (Second Appellant) Loh Min Choo (First Respondent) Lim Teck Beng (Second Respondent) Representation: Counsel: B Zipser (Appellants) A Ogborne (Respondents) Solicitors: Department of Finance and Services (Appellants) CFC Lawyers (Respondents) File Number(s): CA 2010/149235 Decision under appeal Jurisdiction: 9111 Citation: Loh Min Choo v State of New South Wales [2011] NSWSC 1477 Date of Decision: 2011-12-01 00:00:00 Before: Associate Justice Harrison File Number(s): SC 2010/149235