Interest on judgment monies repaid following a successful appeal should be calculated at the pre-judgment rate (4% above the RBA cash rate) rather than the post-judgment rate (6% above), because the claim more closely approximates pre-judgment interest and the higher rate embodies a deterrent or punitive intent inappropriate for restitutionary claims. Interest on costs may be ordered after final orders in the appeal where the opposing party itself obtained such an order below, the successful party's conduct did not cause delay, and no prejudice is shown. The conflict between Illawarra Hotel and Drummond and Rosen on the threshold for ordering interest on costs remains unresolved.
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