KRISHNA v LOUSTOS [No 2] [2001] NSWCA 99

KRISHNA v LOUSTOS [No 2] [2001] NSWCA 99

A successful appellant is entitled to restitution of monies paid under a judgment that was later reversed, together with interest, as of right, and in the absence of an order at the appeal hearing, can seek such relief by motion.

Jurisdiction
Australia
Judgment Date
11 April 2001
Procedural Posture
Appeal / Post Appeal; Application for Restitution
Outcome
Judgment for the claimant for $232,726.03 with effect from 16 November 2000; claimant to pay the opponent's costs of the motion dated 17 November 2000.
Legal Topics
['restitution' 'stay of Proceedings' 'repayment of Interim Payment']
['civil Procedure'] ['restitution' 'stay of Proceedings' 'repayment of Interim Payment']

Case Brief

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Procedural Posture

Appeal / Post Appeal; Application for Restitution

Legal Issues

  1. 1 ['Whether the successful appellant is entitled to restitution of a payment made under a judgment that was later reversed on appeal.' 'Whether interest is payable on the amount to be restituted.' 'Who should bear the costs of the restitution application.']

Ratio Decidendi

A successful appellant is entitled to restitution of monies paid under a judgment that was later reversed, together with interest, as of right, and in the absence of an order at the appeal hearing, can seek such relief by motion.

Court Disposition

Judgment for the claimant for $232,726.03 with effect from 16 November 2000; claimant to pay the opponent's costs of the motion dated 17 November 2000.

Orders

  • ['Judgment for the claimant for $232,726.03 with effect from 16 November 2000.' "Claimant to pay the opponent's costs of the motion dated 17 November 2000."]