BAULKHAM HILLS SHIRE COUNCIL v PASCOE [2000] NSWCA 322

BAULKHAM HILLS SHIRE COUNCIL v PASCOE [2000] NSWCA 322

Where a judgment is set aside on appeal, it is proper to order repayment of the sum paid in satisfaction of the judgment, together with interest from the date of payment to the date of repayment, under either the principle of restitutio in integrum or the Court's discretion pursuant to s95(1) Supreme Court Act 1970.

Parties
Appellant: Baulkham Hills Shire Council; Respondent: Kevin John Pascoe
Jurisdiction
Australia
Judgment Date
02 November 2000
Procedural Posture
Civil Appeal / Post Appeal, Slip Rule Correction
Outcome
order for repayment
Legal Topics
Corrections Under Slip Rule, Repayment of Judgment Debts, Interest on Repayment
Civil Procedure Restitution Corrections Under Slip Rule Repayment of Judgment Debts Interest on Repayment

Case Brief

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Parties

Baulkham Hills Shire Council

Appellant

Kevin John Pascoe

Respondent

Procedural Posture

Civil Appeal / Post Appeal, Slip Rule Correction

Legal Issues

  1. 1 Whether the order for repayment under the slip rule should be made for the sum paid in satisfaction of the judgment set aside
  2. 2 Whether interest should be payable from the date of payment to the date of repayment
  3. 3 Proper legal ground(s) for ordering repayment and interest

Ratio Decidendi

Where a judgment is set aside on appeal, it is proper to order repayment of the sum paid in satisfaction of the judgment, together with interest from the date of payment to the date of repayment, under either the principle of restitutio in integrum or the Court's discretion pursuant to s95(1) Supreme Court Act 1970.

Court Disposition

order for repayment

Orders

  • Respondent to repay to the appellant the sum of $73,034.70 paid in satisfaction of the judgment set aside, together with interest from date of payment to date of repayment calculated in accordance with Supreme Court Rules.
  • No order as to costs.