David James Wardel
[2013] HCASL 116
AGRICULTURAL AND RURAL FINANCE PTY LIMITED
v
DAVID JAMES WARDEL & ORS
[2013] HCASL 116
S358/2012
The applicant seeks special leave to appeal against orders of the Court of Appeal of the Supreme Court of New South Wales (Campbell and Barrett JJA and Sackville AJA) allowing an appeal against a decision of the Equity Division of the Supreme Court of New South Wales (Einstein J).
The applicant was a financier of two tax-effective prescribed investment schemes. The respondents were investors in those schemes. Both schemes terminated early and the applicant made demands for the repayment of its loans to the respondents.
The applicant commenced proceedings in the Supreme Court seeking the recovery of moneys from investors who had failed to repay their loans in response to the applicant's demands.
On 9 June 2011, the Supreme Court gave judgment for the applicant against each of the respondents, who were found liable to repay their loans. The respondents appealed against that decision to the Court of Appeal.
On 30 April 2012, the Court of Appeal allowed the appeal and set aside the judgments below against each respondent. The Court of Appeal remitted the matter to the Equity Division for further hearing on certain defences that had been struck out.
On 30 November 2012, the Court of Appeal made further orders for restitution of the judgment debts and loans that had been paid by the respondents to the applicant pending determination of the appeals. The applicant contends that the Court of Appeal erred in finding that the respondents had a right to restitution for payment of the judgment debts, which had been later set aside.
This application concerns questions of practice and procedure. An appeal to this Court would not enjoy sufficient prospects of success to warrant a grant of special leave to appeal.
Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.
| K.M. Hayne 26 June 2013 | S.M. Crennan |
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