Wright v Corani

In Wright v Corani, the appellants sought leave to appeal out of time against a decision of the District Court. The appeal challenged a decision which had already been successfully appealed to the Full Court. The appellants were not joined as respondents in the appeal to the Full Court, and had paid money into court following the District Court judgment. The monies were paid out to the respondents before the decision of the Full Court, but after the District Court judgment. The Full Court was unaware that the money had been paid out of the Suitors Fund. The appellants sought to challenge whether the District Court judgment was still binding against them, and if there was any prejudice caused to the parties in granting an extension of time. They also sought to challenge the merits of the appeal, including whether any misrepresentation resulted in any loss, the true value of the land, the effect of valuation evidence, and whether evidence of underbidding was relevant. The principle of restitution in full was also considered.

The court granted leave to appeal out of time and allowed the appeal. The amount paid for the land at auction was held to be the true value of the land, despite the misdescription. The reasons of the previous Full Court were adopted, and the money was to be repaid to the appellants with interest.

The court considered that the payment of the money into the Supreme Court Trust Account and the subsequent payment out to the purchasers did not prejudice the appellants' right to appeal. The court held that the principle of restitution in full applied, and that the appellants were entitled to be repaid the money with interest. The court found that the misrepresentation did not result in any loss, and that the true value of the land was the amount paid at auction. The evidence of underbidding was held to be relevant, and the valuation evidence was considered in determining the true value of the land.