Baulkham Hills Shire Council v Pascoe

[2000] NSWCA 322

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Correction under slip rule
4. › Order overlooked at hearing of appeal
5. › Whether slip rule permits addition of restitution order
6. › Supreme Court Rules, Pt 20 r10(1)
1. Restitution
2. › Repayment of judgment debts
3. › Money paid in satisfaction of judgment subsequently set aside on appeal
4. › Principle of restitutio in integrum
5. › Whether successful appellant entitled to repayment with interest
1. Practice and Procedure
2. › Interest
3. › Interest on money repayable following reversal of judgment on appeal
4. › Whether interest runs from date of payment
5. › Supreme Court Act 1970 (NSW), s 95(1)

Quick Take

Where a successful appellant has already paid money under a judgment that is set aside on appeal, the Court of Appeal may add a restitution order under the slip rule if the order was overlooked at the hearing. The entitlement to repayment with interest is founded on the principle of restitutio in integrum. However, costs of the application may be refused where the need for the application arose from the appellant's own oversight.