Meerkin & Apel v Rossett Pty Ltd (No 2)

The parties involved in this case were Meerkin & Apel, the appellants, and Rossett Pty Ltd, the respondent. The dispute centred around a judgment for damages that had been previously awarded to Meerkin & Apel, which they now sought to set aside. The matter was heard in the Supreme Court of Victoria. The central legal issues the court needed to address included the validity of the original judgment, the circumstances under which the judgment could be set aside, and the appropriate rate of interest to be applied on the sum ordered to be repaid.

The court began by examining the conditions under which a judgment for damages could be set aside. It found that the appellants had valid grounds to challenge the original judgment, leading to its annulment. The court then turned to the question of the interest rate applicable to the repayment of the sum. It referred to the Supreme Court Act 1986, specifically sections 58, 60, and 101, to determine the appropriate rate. After careful consideration of these provisions and relevant case law, the court decided that the interest rate should be set at the rate prescribed by the Supreme Court Act, rather than a higher rate as claimed by the appellants.

In its decision, the court set aside the original judgment for damages and ordered the respondent to repay the sum with interest. The interest was to be calculated at the rate specified in the Supreme Court Act, reflecting a careful balancing of the legal principles and statutory requirements involved. The final orders of the court mandated the repayment of the sum with interest at the specified rate, thereby concluding the proceedings on these matters.