Fenech, G. v Sterling, R

[1986] FCA 233

’..

NOT FOR GENERAL DISTRIBUTION

B 2233

THE FEDERAL COURT OF AUSTRILLI.3 )

I

r m d SOUTH WALES DISTRICT REGISTRY ) No. G344 of 1983

I

GENEPAL DIVISION )

BETPEEN : GEORGE FENECH and JUL1.W FENECH Bppllcant

.m:

RClBERT STERLING

Respondent

MINUTES OF ORDEP

Judge maklng order: Eeaumont, J.

Date order made: 13. June 1986

[The r e made : Sydney

THE COURT ORDEPS THAT:

In sddltion to the sum of $3,975.92 the respondent

pay to the appllcants the sum of $2,583.13.

t m : Settlement and entry of orders 1 s dealt wlth In

Order 36 of the Federal Court Rules.

IN THE FEDEFAL COURT OF AUSTPALIA )

J

NEW SOUTH WALES DISTRICT REGISTRY ) No. G344 of 1983

1

GENERAL D I V I S I O N )

BETWEEN :	GEORGE FENECH and JULIFSJ FENECH
Appllcant
HOBERT STEFLIMG
Respondent

COPJIM:	Beaumont , J .
DATED:	13 June l986

PEqSONS FOR JUDGMENT (No. 2 )

For reasons given on 12 September 1985, I r e se rved

l i b e r t y t o the a p p l i c a n t s t o a p p l y f o r f u r t h e r r e l l e f . The

matter was r e s t o r e d t o t h e l l s t f o r t h l s purpose. Agaln,

a l though given n o t l c e of the f u r t h e r h e a r l n g s , t h e

respondent has not appeared.

Accord ing to the l r additional aff i d a c i t ev ldence ,

t h e a p p l l c a n t s say that , If t h e y had been unable . In

November 1 9 7 7 , I n v e s t t o I n a s u l t a b l e r e a l e s t a t e

In-Zestment, they would have placed funds on d e p o s i t wl th

Westpac Banking Corporat lon in a savlngs Investment account .

E-zidence from Nestpac showed t h a t , I n t h e r e l e v a n t p e r i o d .

the rates of Interest paid by Westpac for thls purpose

fluctuated between 7.25% per annum and 11.5% per annum. If

the whole sum of $3,650.00 paid by the appllcants to the

respondent had been invested with Westpac, it would have

earned lnterest amountlng to $3,409.05 over the relevant

perlod. On the other hand, the appllcants should not be

permltted to clalm both the banklng charges and interest of

325.92. mentioned In the previous reasons, and Interest

lost on a notlonal Investment. Account should also be taken

of the contlnaency that the whole of the sum of $3.650.00

may not have been Invested In an lnvestment account but

could have been applled elsewhere.	I propose to allow	a
dlscount of $500.00.

In the clrcumstances. after deducting the sum of

$352.92 already included In the prevlous order, the

appllcants should now recelve a further sum of $2,583.13.

That sum has been calculated as follows:-

1.	Further amount clalmed	$3,409.05
L=:

2.	Amount	already	awarded	$325.92
7

d. Discount for Contlngency $500.00 825.92 $2,583.13

3 .

I make the following order:

In additlon to the sum of $3,975.92, the respondent

pay to the applicants the sum of $2,583.13.

Counsel and Solicltors	Mr. J.F. Kildea was Instructed
for Applicant:	by the Public Solicitors'
Office.

The Respondent did not appear.

Date of hearing: 10 June 1986

Date Judgment Delivered: 13 June 1986

J& THE FEDEF"\L COURT OF AUSTPALIA )

)

NEW SOUTH WALES DISTRICT REGISTRY 1 MO. G344 of 1983

I

GENERAL D I V I S I O N )

BETWEEN :

CEORGE FENECH and JULIAN FENECH

Applicant

ROBEHT STERLING

Respondent

COP,4M: Beaumont, J .

D m : 13 June 1986

REASONS FOR JU!XMENT (No. 2 )

For reasons glven on 12 September 1985, I reserved

liberty to the applicants to apply f o r further rellef. The

matter was restored to the llst for thls purpose. bgaln.

although glven notlce of the	further	hearlngs, the
respondent has not appeared.

Accordlng to their addltlonal affidavlt evldence,

the appllcants say that, I f they had been unable, in

November 1977, to ln7est In a sultable real estate

In-zestment. they would have placed funds on deposlt wlth

Nestpac Banklng Corporation In a savlngs Investment account.

E-ldence from Westpac showed that, in the relevant perlod,

NOT FOR GENERAL DISTRIBUTION

161 THE FEDEFiAL COURT OF .9USTRUIA )

I

NEW SOUTH I W E S DISTRICT REGISTRY )	No. G344 of 1983
GENERAL DIVISION

B r n E N :

GEORGE FENECH and JULIAN FENECH

Appllcant

ROBEPT STERLING

Respondent

MINUTES OF OPDEP.

Judge makmg order:	Beaumont, J.
Date order made:	13 June 1986

ITner e made : Sydney

THE COURT ORDERS THAT:

In addltlon to the sum of $3,915.92 the respondent pay to the appllcants the sum of $2,583.13.

t u : Settlement and entry of orders 1 s dealt wlth In

Order 36 of the Federal Court Rules.

L.

1.

the rates of interest pald by Westpac for this purpose

fluctuated between 7.25% per annum and 11.5% per annum. If

the whole sum of $3,650.00 paid by the appllcants to the

respondent had been Invested wlth Westpac, it would have

earned interest amounting to $3,409.05 over the relevant

perlod. On the other hand, the appllcants should not be

permitted to clalm both the banklng charges and Interest of

$335 .92 , mentioned In the previous reasons, and Interest

lost on a notional lnvestment. Account should also be taken

of the contlnaency that the whole of the sum of $3,650.00

may not have been invested In an Investment account but

could have been applied elsewhere.	I propose to	allow a
dlscount of $500.00.

In the clrcumstances, after deductlng the sum of

$352 .92 already Included in the previous order, the

applicants should now recelve a further sum of $2,583.13.

That sum has been calculated as follows:-

1.	Further amount clalmed	$3.409.05
L m :

2. .hnount already awarded $325.92

3 . Discount Contingency for $500.00 825.92 $2.583.13

3 .

I make the following order:

In addltlon to the sum of $3,975.92, the respondent

pay to the applicants the sum of $2,583.13.

Counsel and Sollcltors	Mr. J.F. Kildea was lnstructed
for Applicant:	by the Publlc Solicltors’
Office.

The Respondent did not appear.

Date of hearmg: 10 June 1986

Date Judgment Dellvered: 13 June 1986