Blakes (a firm) v Berrivale Orchards Ltd [1996] QCA 368

IN THE COURT OF APPEAL SUPREME COURT OF QUEENSLAND Appeal No. 221 of 1995 Brisbane [Blakes v. Berrivale Orchards Ltd] BETWEEN: BLAKES (a firm) (Defendant) Appellant - and - BERRIVALE ORCHARDS LIMITED (Plaintiff) Respondent FITZGERALD P. DAVIES J.A. DEMACK J. Judgment delivered 4/10/1996 Further order delivered 25/10/96 IT IS FURTHER ORDERED BY CONSENT THAT THE RESPONDENT REPAY TO THE APPELLANT THE SUM OF $662,577 PAID BY THE APPELLANT TO THE RESPONDENT IN SATISFACTION OF THE JUDGMENT, TOGETHER WITH INTEREST AT THE RATE OF 12% PER ANNUM. Counsel: P. Morrison Q.C. with him L. Kelly for the Appellant R.R. Douglas Q.C. with him A.N. Daubney for the Respondent Solicitors: Feez Ruthning for the Appellant Nicholsons for the Respondent Date of Hearing: 18 June 1996 -- 1 of 2 -- IN THE COURT OF APPEAL SUPREME COURT OF QUEENSLAND Appeal No. 221 of 1995 Brisbane Before Fitzgerald P. Davies J.A. Demack J. [Blakes v. Berrivale Orchards Ltd] BETWEEN: BLAKES (a firm) (Defendant) Appellant - and - BERRIVALE ORCHARDS LIMITED (Plaintiff) Respondent FURTHER ORDER OF THE COURT Further order delivered 25/10/1996 Judgment in this matter was delivered on 4 October 1996. Since then, the parties have agreed that the Court should make an order that the respondent repay to the appellant the sum of $662,577 paid by the appellant to the respondent in satisfaction of the judgment, together with interest at the rate of 12% per annum. -- 2 of 2 --