Westpac Banking Corporation v Tanzone Pty Limited

Westpac Banking Corporation (Westpac) appealed to the New South Wales Court of Appeal against orders made by the primary judge concerning disputed costs and the appropriateness of restitution. The dispute arose from earlier proceedings involving Westpac and Tanzone Pty Limited.

The Court of Appeal was required to determine whether the primary judge erred in their decisions regarding the disputed costs orders and whether restitution was an appropriate remedy to be considered in the context of the appeal.

The Court allowed the appeal, finding that the primary judge's orders were not appropriate. The specific reasons for this decision, and the legal principles applied in reaching the conclusion that restitution was not to be considered in the appeal, are detailed in paragraph 16 of the judgment. The Court's final orders reflected this determination.