Laundy Hotels (Quarry) Pty Ltd v Dyco Hotels Pty Ltd

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, GORDON, GLEESON AND JAGOT JJLAUNDY HOTELS (QUARRY) PTY LIMITED  APPELLANTANDDYCO HOTELS PTY LIMITED ATF THE PARRAS FAMILY TRUST & ORS  RESPONDENTSLaundy Hotels (Quarry) Pty Limited v Dyco Hotels Pty Limited[2023] HCA 6Date of Hearing: 9 December 2022Date of Judgment: 8 March 2023S125/2022ORDER1. The appeal be allowed with costs.2.The orders of the Court of Appeal of the Supreme Court of New South Wales made on 21 December 2021 be set aside and, in their place, order that the appeal be dismissed with costs.3. Within 28 days of the date of these orders, the respondents repay to the appellant the whole of any sum paid by the appellant to the respondents under or in accordance with Order 2(b) of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 21 December 2021 (the deposit and interest thereon).4. If, within 14 days of the date of these orders, the parties agree upon the amount of further interest to be paid by the respondents to the appellant on the sum referred to in Order 3 of these orders, the parties are to file a minute of consent and the respondents are to pay the appellants that further sum of interest forthwith. Failing agreement, the issue and calculation of interest be remitted to the Supreme Court of New South Wales.On appeal from the Supreme Court of New South WalesRepresentationJ T Gleeson SC with L G Moretti for the appellant (instructed by JDK Legal)N...