TCN CHANNEL 9 v ANTONIADIS [No 2] [1999] NSWCA 104

TCN CHANNEL 9 v ANTONIADIS [No 2] [1999] NSWCA 104

The claimant is entitled to restitution of all monies paid under the judgments set aside on appeal; SCR Pt 51AA r 18 confers a duty to order restitution, not a discretion to refuse. Pending new trial does not bar restitution. No stay of execution granted.

Jurisdiction
Australia
Judgment Date
22 April 1999
Procedural Posture
Notice of Motion (restitution After Appeal in Defamation Actions) / Post Appeal Application for Repayment of Judgment Debts and Costs
Outcome
Orders made granting restitution and dismissing application for stay of execution.
Legal Topics
['repayment of Judgment Debts' 'costs Recovery' 'restitutionary Orders' 'stay of Execution']
['restitution' 'civil Procedure'] ['repayment of Judgment Debts' 'costs Recovery' 'restitutionary Orders' 'stay of Execution']

Case Brief

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Procedural Posture

Notice of Motion (restitution After Appeal in Defamation Actions) / Post Appeal Application for Repayment of Judgment Debts and Costs

Legal Issues

  1. 1 ['Whether claimant is entitled to restitution of judgment debts and costs paid under trial judgments reversed on appeal' 'Whether Supreme Court Rules Pt 51AA r 18 confers a discretion or a duty to order restitution' 'Whether pending new trial affects entitlement to restitution' 'Whether Court should exercise discretion to grant a stay of execution']

Ratio Decidendi

The claimant is entitled to restitution of all monies paid under the judgments set aside on appeal; SCR Pt 51AA r 18 confers a duty to order restitution, not a discretion to refuse. Pending new trial does not bar restitution. No stay of execution granted.

Court Disposition

Orders made granting restitution and dismissing application for stay of execution.

Orders

  • ['Judgment for the claimant for $664,156.63 with effect from 12 March 1999.' "Claimant to pay opponent's costs of the motions of 15 December 1998 and 12 March 1999."]