The Proprietors Cathedral Village BUP 106957 v Cathedral Place Community Body Corporate

[2021] QCA 186

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Restitution following reversal of judgment on appeal
4. › Whether judgment sum should be repaid
5. › Whether stay of repayment order should be granted
6. › Whether interest payable on judgment sum from date of payment
1. Practice and Procedure
2. › Costs
3. › Costs of application for restitution following successful appeal
4. › Whether 'normal rule' that applicant pays costs applies where relief not sought at appeal hearing
5. › Whether indemnity costs appropriate
6. › Civil Proceedings Act 2001 (Qld), ss 58(3), 59(3)
7. › Mixed Use Development Act 1993 (Qld), s 193

Quick Take

The 'normal rule' that an applicant who fails to seek restitution at the appeal hearing must pay the costs of a subsequent application may be displaced where the applicant promptly sought repayment after the judgment was set aside, the respondent had no right to retain the sum, and the circumstances of the appeal explain why the relief was not sought at that time. A party who has received payment under a judgment that is set aside on appeal has no right to retain the sum pending determination of remitted proceedings; retention in those circumstances is tantamount to holding the sum as security against a future judgment.