State of New South Wales v Loh Min Choo (No 2)

The Court of Appeal of New South Wales, comprising McColl, Campbell and Macfarlan JJA, considered an appeal concerning consequential orders following a prior judgment. The dispute involved the State of New South Wales (the first appellant) and Loh Min Choo (the respondents).

The primary legal issue before the Court was the appropriate consequential orders to be made in light of the appeal, specifically concerning the setting aside of earlier orders and the repayment of funds. The Court was required to determine the precise amounts of judgment and costs to be awarded at first instance, and the extent to which a payment made by the first appellant to the respondents should be repaid.

The Court's reasoning led to the setting aside of the orders made at first instance on 5 December 2011, as amended on 12 January 2012. In their place, the Court entered judgment for the respondents against the first appellant for $530,205 and ordered the first appellant to pay the respondents' costs of the proceedings at first instance. Furthermore, the Court ordered the respondents to repay $503,687.50 to the first appellant from the $1,000,000 paid on 3 January 2012. No order was made as to the costs of the appeal.