DAWSON v HALL [1995] NSWCA 119

DAWSON v HALL [1995] NSWCA 119

Where exact justice would fail either party, the court may order an intermediate sum for interest based on the justice of the case rather than strict calculation of benefit or loss.

Parties
Defendant: Dawson; Plaintiff: Hall; Interested Party: GIO
Jurisdiction
Australia
Judgment Date
20 February 1995
Procedural Posture
Application for Recovery of Interest on Monies Overpaid / Post Appeal Ruling
Outcome
Order made for payment of interest at an intermediate figure; no order as to costs; two months to pay.
Legal Topics
Interest on Judgments, Restitution, Overpaid Monies
Civil Procedure Interest on Judgments Restitution Overpaid Monies

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Parties

Dawson

Defendant

Hall

Plaintiff

GIO

Interested Party

Procedural Posture

Application for Recovery of Interest on Monies Overpaid / Post Appeal Ruling

Legal Issues

  1. 1 Whether the defendant is entitled to interest on monies overpaid as a result of an appeal judgment

Ratio Decidendi

Where exact justice would fail either party, the court may order an intermediate sum for interest based on the justice of the case rather than strict calculation of benefit or loss.

Court Disposition

Order made for payment of interest at an intermediate figure; no order as to costs; two months to pay.

Orders

  • Plaintiff to repay to the defendant interest in the sum of $11,000.
  • No order as to costs.