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

In Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (No 2), the New South Wales Court of Appeal considered appeals and cross-appeals concerning a dispute over mining rights and payments. The primary dispute involved claims for interest on judgment amounts that had been paid to the plaintiffs under a first instance judgment which was subsequently reversed on appeal. The defendant sought interest on these repaid amounts from the time they were paid to the plaintiffs until they were repaid.

The Court of Appeal was required to determine whether the defendant was entitled to an award of interest on the restitutionary payments made by it to the plaintiffs. Specifically, the Court had to consider whether such interest should be awarded at a pre-judgment or post-judgment rate, and to what extent the costs of the proceedings at first instance should be allocated between the parties, given that the defendant had succeeded in defeating a distinct part of the claim against it.

The Court allowed the appeal in part, in relation to the Channar area, but dismissed it in relation to Eastern Range. The Court set aside certain orders from the lower court and entered judgment for the respondents against the appellant, including principal sums and interest. Crucially, the Court noted that the appellant was entitled to restitutionary payments from each respondent, which had been made, and entered judgment against each respondent for interest on those restitutionary payments. The Court made no order as to the costs of the appeal but ordered the appellant to pay 50% of the first instance costs of the respondents.