Go Electrical Pty Limited v Class Electrical Services Pty Limited [2013] NSWSC 517

Where payment was made pursuant to a judgment subsequently set aside due to a void adjudication determination, the payor is entitled as of right to restitution of the amount paid and the court has no discretion to withhold repayment.

Parties: Plaintiff: Go Electrical Pty Limited; Defendant: Class Electrical Services Pty Limited
Jurisdiction: Australia
Judgment Date: 30 April 2013
Procedural Posture: Motion After Judgment Set Aside / Post Judgment on Repayment Order
Outcome: Plaintiff ordered to repay defendant
Legal Topics: Restitution, Setting Aside Judgment, Garnishee Order, Enforcement of Judgments

Civil Procedure Building and Construction Law Restitution Setting Aside Judgment Garnishee Order Enforcement of Judgments

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2

Parties

Go Electrical Pty Limited

Plaintiff

Class Electrical Services Pty Limited

Defendant

Procedural Posture

Motion After Judgment Set Aside / Post Judgment on Repayment Order

Legal Issues

1 Whether monies paid under a judgment subsequently set aside must be repaid
2 Whether the Court has discretion to withhold repayment where the underlying determination is quashed

Ratio Decidendi

Court Disposition

Plaintiff ordered to repay defendant

Orders

Plaintiff forthwith repay to the defendant the sum of $39,166.19 which includes interest to the date of judgment
Plaintiff to pay the defendant's costs of the Motion