When a judgment for damages is set aside on appeal in Victoria, the interest payable on repayment of the judgment sum is to be assessed on a restitutionary basis focusing on the presumed fruits of the judgment to the respondent, not on the appellant's loss. Simple interest at a rate reflecting what a cautious respondent would have earned is appropriate; compound interest is not available absent exceptional circumstances. Sections 58 and 60 of the Supreme Court Act 1986 (Vic) do not apply by analogy.
The full text is available to signed-in members, including the 27 later cases that cite this judgment.
8 of the 27 citing cases carry a classified treatment. How each court treated it is available to signed-in members.