Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, HAYNE, CALLINAN AND HEYDON JJTOLL (FGCT) PTY LIMITED (formerly Finemores GCT Pty Limited)  APPELLANTANDALPHAPHARM PTY LIMITED & ORS  RESPONDENTSToll (FGCT) Pty Limited v Alphapharm Pty Limited [2004] HCA 5211 November 2004S63/2004ORDER1.        Appeal allowed with costs.2.Set aside order 1 of the orders of the New South Wales Court of Appeal and, in lieu thereof, order that the appeal to that Court be allowed with costs.3.Set aside orders 1, 2 and 4 of the trial judge and in lieu thereof, order that:(a)the First and Second Plaintiffs' claim in the District Court of New South Wales be dismissed;(b)judgment be entered for the Defendant;(c)the First and Second Plaintiffs pay the Defendant's costs of the trial; and(d)the First and Second Plaintiffs pay the costs of the First and Third Cross Defendants.4.Order that the First Respondent repay to the Appellant the sum of $683,061.86 together with interest from the date of payment at rates under the District Court Act 1973 (NSW) or as agreed.On appeal from the Supreme Court of New South WalesRepresentation:S J Gageler SC with A S Bell for the appellant (instructed by Clayton Utz)S T White with E G H Cox for the first respondent (instructed by Withnell Hetherington)J E Griffiths SC with J K Kirk for the second and third respondents (instructed by Allens Arthur Robinson)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSToll (FGCT) Pty Limited v Alphapharm Pty Limited Contract – Construction...