Arida v Arida (No 2)

[2015] NSWCA 226

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Interest
4. › Money paid pursuant to court order set aside on appeal
5. › Whether interest payable on amount to be repaid
6. › Common law right to restitution with interest
7. › Civil Procedure Act 2005 (NSW), s 101

Quick Take

Where a court order requiring payment of money is set aside on appeal, the successful appellant has a common law right to restitution of the money paid, together with interest at judgment debt rates under s 101 of the Civil Procedure Act 2005 (NSW), running from the date the respondent had actual use of the money. The respondent bears the onus of showing special circumstances to avoid an interest order.