Maund v Crown in right of the State of New South Wales (No 2) [2013] NSWCA 248

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Maund v Crown in right of the State of New South Wales (No 2) [2013] NSWCA 248 Hearing dates: On papers Decision date: 05 August 2013 Before: Meagher JA at [1]; Barrett JA at [1]; Leeming JA at [1] Decision: 1. The appeal is allowed in part. 2. Order 1 made by Lindsay J on 21 March 2013 is set aside. 3. In lieu thereof, the Court (a) enters judgment in favour of the plaintiff (being the respondent to the appeal) in the amount of $499,424.63 inclusive of interest, and (b) Orders that Ms Maund pay to the State the whole of the amount refunded to her by the ATO (including interest). 4. The Court notes that the orders in 3(a) and 3(b) above are separate, such that satisfaction of one does not discharge any part of the obligation in the other. 5. The Court further notes that Ms Maund has now satisfied her obligations in order 3 above to repay principal and interest to the State. 6. The appeal is otherwise dismissed. 7. The appellant is to pay the respondent's costs of the appeal, save for the costs of the hearing on 17 June 2013, as agreed or assessed. [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: PROCEDURE - formulating orders in accordance with reasons determining appeal Cases Cited: House v R (1936) 55 CLR 499 Category: Consequential orders Parties: Deborah Maund (Appellant - in person) The Crown in the right of New South Wales (Respondent) Representation: Counsel: J Hyde (Respondent) Solicitors: De Mestre and Company (Respondent) File Number(s): 2013/187023 Decision under appeal Citation: Crown in right of the State of New South Wales v Maund [2013] NSWSC 183 Date of Decision: 2013-03-21 00:00:00 Before: Lindsay J File Number(s): 2012/126353