Mallesons Stephen Jaques v Trenorth Ltd

[1998] VSCA 58

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Restitution following reversal of judgment on appeal
4. › Interest on sums to be repaid
5. › Applicable rate of interest
6. › Whether penalty interest rate applies in absence of contrary evidence
7. › Penalty Interest Rates Act 1983 (Vic)
1. Practice and Procedure
2. › Appeals
3. › Restitution following reversal of judgment on appeal
4. › Power of appellate court to order repayment
5. › Principle of restitution or restoration
6. › Interest as fruit of money
1. Practice and Procedure
2. › Appeals
3. › Indemnity certificate
4. › Whether appellant succeeded on question of law or on ground that judgment was against the evidence
5. › Whether causation is a question of fact or law
6. › Appeal Costs Act 1964 (Vic), s 13(1)
1. Practice and Procedure
2. › Costs
3. › Third party proceedings
4. › Whether Rule 63.24(1) applies to limit costs in third party proceedings
5. › Rules of the Supreme Court, r 63.24(1)

Quick Take

In the absence of specific evidence as to applicable rates of interest, the rate of interest on restitution of sums paid under a reversed judgment is the rate fixed under the Penalty Interest Rates Act 1983 (Vic). A question of causation is a question of fact, not law, for the purposes of s 13(1) of the Appeal Costs Act 1964, but an indemnity certificate may be granted on the alternative ground that the judgment was against the evidence. Several questions remain open regarding the precise legal basis for interest on restitution and its interaction with ss 58 and 60 of the Supreme Court Act 1986.