Arida v Arida (No 2) [2015] NSWCA 226

Arida v Arida (No 2) [2015] NSWCA 226

Because the respondent received money pursuant to orders that were to be set aside and gave no cogent reason against paying interest, he was required to repay the disputed sum with restitutionary interest at the rates prescribed for judgment debts. Interest was not allowed from the earlier date claimed by the appellants because the respondent had use of the money only from 22 May 2014; it therefore ran from 23 May 2014, making the amount payable as at 10 July 2015 $497,804.27, with further interest on $454,087.46 from 11 July 2015 until payment.

Jurisdiction
Australia
Judgment Date
11 August 2015
Procedural Posture
Appeal; Procedural and Other Ruling Concerning Interest and Orders Following Appeal / On the Papers After Appeal Allowed, for Short Minutes of Order
Outcome
Orders 1 and 2 made by Slattery J on 13 May 2014 were set aside; the respondent was ordered to repay the appellants with interest and to pay specified costs, while the appellants were ordered to pay the respondent's costs of the summons for leave to appeal.
Legal Topics
['interest on Money Paid Pursuant to Court Order Set Aside on Appeal' 'restitution of Money Paid Under Judgment or Order' 'judgment Debt Interest' 'costs of Appeal and Summons for Leave to Appeal' "suitors' Fund Certificate"]
['civil Procedure' 'judgments' 'restitution' 'costs'] ['interest on Money Paid Pursuant to Court Order Set Aside on Appeal' 'restitution of Money Paid Under Judgment or Order' 'judgment Debt Interest' 'costs of Appeal and Summons for Leave to Appeal' "suitors' Fund Certificate"]

Case Brief

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Procedural Posture

Appeal; Procedural and Other Ruling Concerning Interest and Orders Following Appeal / On the Papers After Appeal Allowed, for Short Minutes of Order

Legal Issues

  1. 1 ['Whether the respondent should be required to pay interest on the sum to be repaid after orders requiring payment to him were set aside on appeal.' 'From what date interest on the sum to be repaid should run.' 'What costs and ancillary orders should be made following the appeal and dismissal of the summons for leave to appeal.']

Ratio Decidendi

Because the respondent received money pursuant to orders that were to be set aside and gave no cogent reason against paying interest, he was required to repay the disputed sum with restitutionary interest at the rates prescribed for judgment debts. Interest was not allowed from the earlier date claimed by the appellants because the respondent had use of the money only from 22 May 2014; it therefore ran from 23 May 2014, making the amount payable as at 10 July 2015 $497,804.27, with further interest on $454,087.46 from 11 July 2015 until payment.

Court Disposition

Orders 1 and 2 made by Slattery J on 13 May 2014 were set aside; the respondent was ordered to repay the appellants with interest and to pay specified costs, while the appellants were ordered to pay the respondent's costs of the summons for leave to appeal.

Orders

  • ['Set aside Orders 1 and 2 made by Slattery J on 13 May 2014.' 'Order the respondent to pay the appellants the sum of $497,804.27.' 'Order the respondent to pay interest on the sum of $454,087.46 calculated from 11 July 2015 until the date of payment at the rate prescribed from time to time for the purposes of s 101...