Kuek v Devflan Pty Ltd & Anor (No. 2)

[2011] VSCA 85

Victorian Court of Appeal

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Catchwords

1. Practice and Procedure
2. › Costs
3. › Taxation of costs
4. › Review of Taxing Master's order
5. › Effect of setting aside review order on original taxation order
6. › Whether original order subsists after review order set aside
7. › Supreme Court (General Civil Procedure) Rules 2005 (Vic), r 63.56.1
1. Restitution
2. › Recovery of money paid under judgment set aside
3. › Right of successful appellant to repayment
4. › Whether order establishing liability had been set aside
5. › Whether repayment available where original costs order remains in force

Quick Take

Where a Taxing Master's review order is set aside on appeal and the review is remitted, the original taxation order revives and continues in force. A party who has paid the taxed costs is not entitled to restitutionary repayment while the original taxation order remains in effect. The question of whether interest at 6% compound per annum is appropriate for restitutionary repayment of costs was flagged but not decided.