Jupiters Management Ltd v Ryan

[1992] QCA 111

STATE REPORTING BUREAU

TRANSCRIPT OF PROCEEDINGS

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[1992] QCA 111

COURT OF APPEAL

PINCUS JA DAVIES JA SHEPHERDSON J

Appeal No 52 of 1991

JUPITERS MANAGEMENT LIMITED	Appellant
v.
KATHLEEN ELIZABETH RYAN	Respondent
BRISBANE
... DATE 28/4/92
JUDGMENT

JUDGMENT

PINCUS JA: In this matter judgment was entered in the District Court on 11 June 1991 in favour of the respondent against the appellant in the sum of $212,885, with costs.

That judgment and the costs were subsequently paid. The judgment was paid, we are told, on the 26th day of June 1991.

The costs were paid in an agreed sum of $20,000. This Court subsequently allowed an appeal against the judgment and set aside the orders which I have mentioned and ordered that the case be retried.

The successful appellant seeks today an order that the sums which I have mentioned as having been paid by it to the respondent be repaid and it relies upon the cases mentioned by the High Court in The Commonwealth of Australia V. McCormack (1984) 155 CLR 273, at pp 276 and 277. Mr Grant Taylor who has appeared for the respondent today has but faintly resisted that application. It appears to us that the application should succeed, that the sums I have mentioned should be repaid and the larger sum with interest.

The only other question which was debated was the fate of the costs of the first trial. Mr Fraser has argued that the costs of the first trial should be the subject of a special order in view of the submissions made by Mr Grant Taylor below. We are not persuaded that there should be any departure from the usual practice and the costs of the first trial will abide the result of the second trial.

Therefore, in addition to the orders previously made it will be ordered as follows, that the respondent Kathleen Elizabeth Ryan repay to the appellant Jupiters Management Limited the sum of $212,885 paid in satisfaction of the judgment of the District Court together with interest on such sum at the rate of 12 per cent per annum from the 27th day of June 1991 until the date of repayment. It will be further ordered that the respondent repay to the appellant the sum of $20,000 paid in satisfaction of the order for costs made by the District Court. It will be further ordered that the costs of the first trial in the District Court abide the result of the second trial.

We are not inclined to make any order for the costs of today.

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