Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (No 2)

[2014] NSWCA 425

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (No 2) [2014] NSWCA 425

Hearing dates:

On the papers

Decision date:

09 December 2014

Before:

Macfarlan JA at [1];
Meagher JA at [33];
Barrett JA at [34]

Decision:

(1) Appeal allowed in part, in relation to the Channar area, but dismissed in relation to Eastern Range.

(2) Orders 1 to 4 and 7 of the Court below be set aside and in lieu thereof:

(a) Judgment for the first respondent against the appellant in the sum of $89,397,091.73, comprising:

(i) $69,284,921.27; and

(ii) $20,112,170.46 in interest.

(b) Judgment for the second respondent against the appellant in the sum of $89,397,091.73, comprising:

(i) $69,284,921.27; and

(ii) $20,112,170.46 in interest.

(c) The first respondent's claim against the appellant in respect of the Channar area is dismissed.

(d) The second respondent's cross-claim against the appellant in respect of the Channar area is dismissed.

(3) Note that the appellant was entitled to restitutionary payments from each of the respondents of $41,419,165.10 and that the respondents have made those payments.

(4) Judgment against each of the respondents in the amount of $3,365,732.70 representing the appellant's entitlement to interest on those restitutionary payments.

(5) Note that the Court does not make any order as to the costs of the appeal.

(6) Order the appellant to pay 50% of the first instance costs of the first respondent and the second respondent.

(7) Note that the cross-appeals filed by the first respondent and second respondent are withdrawn and that the Court does not make any order as to the costs of them.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

INTEREST - judgments - payments made to plaintiffs under first instance judgment that was reversed on appeal - amounts repaid by plaintiffs after appeal decision - claims by defendant for interest on judgment amounts from the time when paid to the plaintiffs until the time repaid - whether interest should be awarded at pre-judgment or post-judgment rate
COSTS - costs at first instance - plaintiffs ordinarily entitled to order for payment of the whole of their costs notwithstanding that they might not have recovered the whole of the amount they claimed - defendant/appellant succeeded in defeating a distinct part of claim against it - defendant/appellant to pay 50 per cent of plaintiffs'/respondents' costs at first instance

Legislation Cited:

Civil Procedure Act 2005 (NSW), ss 98, 100, 101
Supreme Court Act 1970 (NSW), s 75A
Uniform Civil Procedure Rules 2005 (NSW), rr 6.12, 36.7, 42.1, 51.19, 51.54

Cases Cited:

Bostik Australia Pty Ltd v Liddiard (No…