Macourt v Clark (No 2)

This case concerned an appeal and cross-appeal from a judgment of Gzell J. The dispute involved claims and cross-claims between the appellant and the respondent, with the court ultimately determining the appropriate apportionment of costs.

The primary legal issues before the court were the determination of the final monetary judgment between the parties, the calculation of interest on that judgment, and the appropriate basis and apportionment of costs, including indemnity costs for a period of the proceedings. The court was also required to consider the restitution of money paid under a previous judgment and the interest payable on that restitutionary sum.

The court reasoned that the appellant was entitled to judgment for a net sum after setting off amounts owed to the respondent. It applied principles of restitution to order the repayment of money paid under the earlier judgment, with interest. Crucially, the court determined that the respondent should pay the appellant's costs on an ordinary basis up to a specified date, and on an indemnity basis thereafter, reflecting conduct during the litigation. The court also made detailed orders regarding the payment of costs of the appeal and cross-appeal, and the calculation of interest on those costs.