A successful appellant whose paid judgment is reversed on appeal is entitled as of right to restitution with interest at the prescribed court rate under s 101 of the Civil Procedure Act 2005, not at the lower RBA cash rate. The focus of restitution is on restoring the appellant, not on the respondent's circumstances or what use was made of the money. A notice of appeal claiming restitution must state the precise sum and time period for interest under UCPR 51.19, and evidence of the amount paid and date of payment must be before the court. The amendment to UCPR 36.7 effective 1 July 2010 does not operate retrospectively.
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