Ronstan International Pty Ltd v Thomson

[2002] VSCA 107

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Repayment of money paid under judgment varied on appeal
4. › Interest on overpaid sum
5. › Rate of interest
6. › Juridical basis in unjust enrichment
1. Practice and Procedure
2. › Costs
3. › Partial success on appeal
4. › Apportionment of costs
5. › Whether appellant entitled to proportion of costs where succeeding on only one ground
1. Practice and Procedure
2. › Costs
3. › Cross-appeal
4. › Costs following the event
5. › Whether costs of cross-appeal should be apportioned separately from appeal

Quick Take

The juridical basis for interest on money repaid following variation of a judgment on appeal is unjust enrichment, not damages. The purpose is to restore to the successful appellant what was taken, not to compensate for loss. The court may use its own experience and memory of prevailing rates to fix an appropriate interest rate rather than requiring evidence of the payee's actual return on the money. Where an appellant succeeds on only one ground, a proportionate costs order (here 30%) may be appropriate.