Hume v Walton (No 2) [2005] NSWCA 458

Hume v Walton (No 2) [2005] NSWCA 458

Despite entitlement to restitution, in the discretion of the Court enforcement of the restitution judgment is stayed pending disposition of the new trial on damages, given the proximity of rehearing and the nature of the agreement between the parties regarding part-payment and stay.

Jurisdiction
Australia
Judgment Date
16 December 2005
Procedural Posture
Appeal / Post Appeal Orders
Outcome
Judgment for the claimant; enforcement stayed pending new trial; costs of motion to opponent.
Legal Topics
['recovery of Money Paid Under Judgment' 'repayment After Appeal' 'stay of Judgment']
['restitution' 'judgments and Orders'] ['recovery of Money Paid Under Judgment' 'repayment After Appeal' 'stay of Judgment']

Case Brief

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Procedural Posture

Appeal / Post Appeal Orders

Legal Issues

  1. 1 ['Whether the claimant is entitled to restitution of moneys paid under a judgment that was reversed on appeal' 'Whether enforcement of the restitution order should be stayed pending disposition of the new trial']

Ratio Decidendi

Despite entitlement to restitution, in the discretion of the Court enforcement of the restitution judgment is stayed pending disposition of the new trial on damages, given the proximity of rehearing and the nature of the agreement between the parties regarding part-payment and stay.

Court Disposition

Judgment for the claimant; enforcement stayed pending new trial; costs of motion to opponent.

Orders

  • ['Judgment for the claimant in the sum of $226,938.95.' 'Opponent to pay interest on $205,028.35 in accordance with Schedule 5 of the Uniform Civil Procedure Rules 2005.' "Stay the enforcement of the judgment until the disposition of the opponent's proceedings in District Court matter No 606/02." "Claimant to pay...