Auzcare Pty Ltd v Idameneo (No 123) Pty Ltd [2015] NSWCA 412

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Auzcare Pty Ltd v Idameneo (No 123) Pty Ltd [2015] NSWCA 412 Hearing dates: 14 December 2015 Decision date: 18 December 2015 Before: Ward JA; Leeming JA; Emmett AJA Decision: 1. Grant leave to appeal.

2. Direct the appellants to file a notice of appeal in accordance with the "Proposed Notice of Appeal" in the white book.

3. Appeal dismissed.

4. The appellants (Auzcare and Dr Azam) to pay the costs of the appeal (including the costs of the application for leave to appeal) of the first respondent Idameneo. Catchwords: CONTRACTS – penalties – relief against penalties – compromise of claim for money had and received – compromise resulted in acknowledgement of debt, to be released if ongoing obligations to supply medical services performed, failing which debt was immediately recoverable – whether provisions penal – whether nature of claim which was compromised relevant to penalties doctrine – whether penalties doctrine applied in circumstances where there were no obligations to repay acknowledged debt – provisions enforceable – appeal dismissed Cases Cited: Acron Pacific Ltd v Offshore Oil NL (1985) 157 CLR 514 Andrews v Australia and New Zealand Banking Group Ltd [2012] HCA 30; 247 CLR 205 Calcorp (Australia) Pty Ltd v 271 Collins Pty Ltd [2010] VSCA 259; 29 VR 462 Cameron v UBS AG [2000] VSCA 222; 2 VR 108 Cavendish Square Holding BV v Talal El Makdessi [2015] UKSC 67 Fermiscan Pty Ltd v James [2009] NSWCA 355; 261 ALR 408 Idameneo (No 123) Pty Ltd v Auzcare Pty Ltd [2015] NSWSC 1318 Lachlan v HP Mercantile Pty Ltd [2015] NSWCA 130 O'Dea v Allstates Leasing System (WA) Pty Ltd (1983) 152 CLR 359 Zenith Engineering Pty Ltd v Queensland Crane and Machinery Pty Ltd [2000] QCA 221; [2001] 2 Qd R 114 Category: Principal judgment Parties: Auzcare Pty Ltd (First Applicant) Muhammad Azam (Second Applicant) Idameneo (No 123) Pty Ltd (First Respondent) Imrana Azam (Second Respondent, submitting) Representation: Counsel: J Hyde Page, S Sykes (Applicants) Y Shariff, JD Alderson (First Respondent)