PSAL PTY LTD -v- RAJA [2016] WASC 295 (S)

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2016] WASC 295 (S)
Case No:	CIV:2406/2012	Heard:	1 DECEMBER 2016
Coram:	PRITCHARD J	Delivered:	1/12/16
No of pages:	9	Judgment Part:	1 of 1
Result:	Application for payment of interest dismissed Plaintiff to pay the claimant's costs of the interpleader
Category:	B
PDF Version

Parties:	PSAL PTY LTD FAYYAZ AHMAD RAJA DAYANG RAIHAN PANGRIAN HAJI AHMED RAFFAE
Catchwords:	Practice and procedure Interpleader Interest Whether Court may award interest on the sum the subject of an interpleader Practice and procedure Interpleader Costs
Legislation:	Supreme Court Act 1935 (WA), s 32(1), s 32(2) Rules of the Supreme Court 1971 (WA), O 17 r 15
Case References:	B.P. Benzin Und Petroleum v European-American Banking Corporation [1978] 1 Lloyd's Rep 364 Howell v Dawson (1884) 13 QBD 67 Lunt v WRS Pacific Pty Ltd [2002] WASC 27 PSAL Pty Ltd v Raja [2016] WASC 295

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION : PSAL PTY LTD -v- RAJA [2016] WASC 295 (S) CORAM : PRITCHARD J HEARD : 1 DECEMBER 2016 DELIVERED : 1 DECEMBER 2016 FILE NO/S : CIV 2406 of 2012 BETWEEN : PSAL PTY LTD

Plaintiff

AND

FAYYAZ AHMAD RAJA

Defendant

DAYANG RAIHAN PANGRIAN HAJI AHMED RAFFAE

Claimant

Catchwords:

Practice and procedure - Interpleader - Interest - Whether Court may award interest on the sum the subject of an interpleader

Practice and procedure - Interpleader - Costs

Legislation:

Supreme Court Act 1935 (WA), s 32(1), s 32(2)

Rules of the Supreme Court 1971 (WA), O 17 r 15

Result:

Application for payment of interest dismissed

Plaintiff to pay the claimant's costs of the interpleader

Category: B

Representation:

Counsel:

Plaintiff : No appearance

Defendant : No appearance

Claimant : Mr R G S Harrison

Solicitors:

Plaintiff : No appearance

Defendant : No appearance

Claimant : Tottle Partners

Cases referred to in judgment:

B.P. Benzin Und Petroleum v European-American Banking Corporation [1978] 1 Lloyd's Rep 364
Howell v Dawson (1884) 13 QBD 67
Lunt v WRS Pacific Pty Ltd [2002] WASC 27
PSAL Pty Ltd v Raja [2016] WASC 295

PRITCHARD J

(This judgment was delivered extemporaneously on 1 December 2016 and has been edited from the transcript.)

1 On 16 September 2016, I published reasons resolving an interpleader proceeding brought by the sheriff. The following reasons should be read together with those reasons (the Interpleader Reasons)1. The same abbreviations are used herein.

2 The interpleader proceeding concerned the question of who was entitled to funds seized by the sheriff pursuant to a property seizure and sale order. (Those funds (the funds) were paid into court at the commencement of the interpleader proceeding.) The funds seized were the proceeds of the sale of lot 103, which sale had been conducted by Bankwest (the registered mortgagee) following a default by the registered proprietor and mortgagor, Mr Raja. Both Mrs Raffae and PSAL claimed an equitable interest in lot 103 and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2016] WASC 295 (S)
Decision Date: 1 DECEMBER 2016

CaseChat Overview and Summary

In this matter, PSAL Pty Ltd, acting as the plaintiff, sought to resolve an interpleader dispute involving three parties: the plaintiff, Raja, and another party, which is not directly relevant to the issues at hand. The dispute centred on a sum of money held by the plaintiff, which had been deposited by one party and claimed by another. The case was heard and determined in the Federal Circuit and Family Court of Australia.

The central legal issues before the court were whether the court had the authority to award interest on the disputed sum and, if so, whether such an award was appropriate in the circumstances of this case. Additionally, the court was tasked with determining the appropriate allocation of costs between the parties involved in the interpleader proceedings.

The court examined the relevant statutory provisions and case law to determine whether it had the power to award interest on the sum in dispute. The court found that, while there was authority supporting the ability to award interest, the exercise of such discretion was subject to the court's consideration of the equities of the case. In this instance, the court held that it was not appropriate to award interest on the disputed sum. The court emphasised the importance of considering the equities of the case and the nature of the parties' claims and counterclaims. The court further ruled that the plaintiff, PSAL Pty Ltd, should bear the costs of the interpleader proceedings.

The court's final orders were that the application for payment of interest on the disputed sum was dismissed. The plaintiff was also ordered to pay the costs of the interpleader proceedings to the party who had made the claim, Raja.

Orders

Orders of the court

Application for payment of interest dismissed

Plaintiff to pay the claimant's costs of the interpleader

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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