Nominal Defendant v GLG Australia Pty Ltd

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE AND HEYDON JJNOMINAL DEFENDANT  APPELLANTANDGLG AUSTRALIA PTY LIMITED & ORS  RESPONDENTSNominal Defendant v GLG Australia Pty Limited [2006] HCA 115 April 2006S329/2005ORDER1.        Appeal allowed.2.Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales dated 23 August 2004 and, in their place, order that the appeal to that Court be dismissed.3.(a)      The first respondent to repay the sum of $132,370.34 to the appellant plus interest calculated at $32.64 per day from 12 November 2004 until the date when this order takes effect.(b)      The order in paragraph (a) is suspended for seven days.(c)In the event of the first respondent filing and serving written submissions within that period contending that the order in paragraph (a) is wrong:(i)       it will remain suspended until further order; and(ii)the appellant is directed to file and serve written submissions in reply within a further seven days, and to apply within a further seven days to re-list the matter before a single Justice.4.The first respondent to pay the appellant's costs of the appeal to the Court of Appeal and of the proceedings in this Court.On appeal from the Supreme Court of New South WalesRepresentation:P J Deakin QC with P J Nolan for the appellant (instructed by Sparke Helmore)J E Maconachie QC with N J Polin for the first respondent (instructed by Curwood & Partners)Submitting appearance for the second respondent.Submitting appearance for the third respondent.Notice:  This copy of the Court's Reasons for Judgment is subject to...