HEYDON v NRMA & ORS, BATEMAN & ORS v NRMA & ORS, MORGAN & ORS v NRMA & ORS (No 2) [2001] NSWCA 445

HEYDON v NRMA & ORS, BATEMAN & ORS v NRMA & ORS, MORGAN & ORS v NRMA & ORS (No 2) [2001] NSWCA 445

Unless special circumstances are proven by the judgment creditor, interest on restituted judgment sums is to be calculated at the Schedule J rates, as this accords with the principles of unjust enrichment and restitutio in integrum. NRMA did not discharge the burden of establishing such circumstances.

Jurisdiction
Australia
Judgment Date
03 December 2001
Procedural Posture
Appeal / Post Judgment; Ancillary Orders Following Successful Appeal
Outcome
Declaration that respondents obliged to pay interest at Schedule J rates; liberty to apply for further relief; respondents to pay appellants' costs.
Legal Topics
['restitution of Money Paid Under Judgment' 'interest on Restitution' 'unjust Enrichment' 'schedule J Interest Rates' 'appeals and Reversal of Judgment']
['restitution' 'civil Procedure'] ['restitution of Money Paid Under Judgment' 'interest on Restitution' 'unjust Enrichment' 'schedule J Interest Rates' 'appeals and Reversal of Judgment']

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Procedural Posture

Appeal / Post Judgment; Ancillary Orders Following Successful Appeal

Legal Issues

  1. 1 ['What is the appropriate rate of interest payable upon restitution of moneys paid under a judgment later set aside?' 'Is the respondent (NRMA) entitled to a departure from the usual Schedule J rates on the ground that it actually earned a lower rate of return?']

Ratio Decidendi

Unless special circumstances are proven by the judgment creditor, interest on restituted judgment sums is to be calculated at the Schedule J rates, as this accords with the principles of unjust enrichment and restitutio in integrum. NRMA did not discharge the burden of establishing such circumstances.

Court Disposition

Declaration that respondents obliged to pay interest at Schedule J rates; liberty to apply for further relief; respondents to pay appellants' costs.

Orders

  • ['Declare that first respondents were obliged to pay interest calculated in accordance with the rates prescribed by Schedule J of the Supreme Court Rules from the relevant payment dates in August 1999 to 15 March 2001.' 'Liberty to apply for further relief.' "Respondents to pay appellants' costs of the motions."]