In NSW, interest on restitution of moneys paid under a judgment later set aside on appeal is calculated at Schedule J rates unless the party seeking a different rate discharges both a persuasive and evidentiary burden of establishing special circumstances. The right to restitution with interest exists at common law based on unjust enrichment, not under statute or rules. A respondent cannot avoid Schedule J rates merely by proving it earned less on the judgment moneys, nor can an appellant claim more than Schedule J rates merely by proving greater actual loss.
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