Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright (No 2)

[2017] NSWCA 154

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Restitution
2. › Recovery of money paid under judgment or order
3. › Judgment set aside on appeal
4. › Whether interest payable on restitution of moneys paid
5. › Whether discretion to deny interest
6. › Supreme Court Act 1970 (NSW), s 75A(10)
7. › Uniform Civil Procedure Rules 2005 (NSW), r 51.54
1. Practice and Procedure
2. › Appeals
3. › Restitution following reversal on appeal
4. › Failure to claim restitution in notice of appeal
5. › Whether non-compliance with UCPR r 51.19 defeats entitlement to restitution
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 51.19, 51.54
1. Costs
2. › Restitution application following appeal
3. › Where appellant failed to seek restitution at hearing
4. › Where respondent had no basis to oppose substantive relief
5. › Appropriate costs order
6. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1

Quick Take

Failure to claim restitution in a notice of appeal under UCPR r 51.19 does not defeat the entitlement to restitution of moneys paid under a judgment later set aside, but may affect costs. The question of interest on restitution is one of appropriateness in all the circumstances, and this formulation is not inconsistent with the entitlement 'as of right' to restitution with interest. Where the respondent has no basis to oppose restitution but the appellant seeks an indulgence due to non-compliance with procedural rules, each party bearing its own costs may be appropriate.