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[2008] FCA 86
Federal Court of Australia
2008-02-18
Lindgren J
Original judgment source is linked above.
The two payments of $250,000 each received on 3 July 2006 and 2 January 2007 (see paragraph 48(a) of the ASOC) have been notionally credited to reduce the loss on the original $536,880 invested to $36,880.
The amount of $4,055,556.00 is not included in the total of the "Investment" column as this sum was divided into the amounts of $536,880 and $3,518,676, as readily apparent from the dates referred in the interest calculation included in table in paragraph 56 of the ASOC and the facts pleaded in paragraph 42 ASOC.
The amounts of $500,000 and $4,055,556.00 are not included in the total of the "Loss claimed" column for the reasons set out in footnotes 1 and 2 above.
Chapman
Australian and New Zealand Banking Group Limited