The Commonwealth v McCormack [1984] HCA 57

The Commonwealth v McCormack [1984] HCA 57

Because the Commonwealth had paid $91,990.06 in satisfaction of a Supreme Court judgment that was later set aside, it was entitled to restitutio in integrum. The omission of a repayment order resulted from the Commonwealth's failure to inform the Court of the payment, and the Court had jurisdiction to add an order requiring repayment so as to give effect to its judgment.

Jurisdiction
Australia
Procedural Posture
Application to Vary Orders Under O. 29, R. 11 of the Rules of This Court / Post Judgment Notice of Motion After Orders Dismissing the Appeal
Outcome
Application granted; prior order varied to add a repayment order; no order as to costs.
Legal Topics
['slip Rule' 'restitutio in Integrum' 'repayment After Reversal of Judgment' 'variation of Appellate Orders']
['civil Procedure' 'restitution' 'appellate Procedure'] ['slip Rule' 'restitutio in Integrum' 'repayment After Reversal of Judgment' 'variation of Appellate Orders']

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Procedural Posture

Application to Vary Orders Under O. 29, R. 11 of the Rules of This Court / Post Judgment Notice of Motion After Orders Dismissing the Appeal

Legal Issues

  1. 1 ['Whether the Court should vary its prior orders to add an order requiring Mr. McCormack to repay money paid by the Commonwealth in satisfaction of a Supreme Court judgment later set aside on appeal.' "Whether the omission of a repayment order, caused by the Commonwealth's failure to inform the Court of the payment, could be corrected under the slip rule or the Court's jurisdiction to give effect to its judgment."]

Ratio Decidendi

Because the Commonwealth had paid $91,990.06 in satisfaction of a Supreme Court judgment that was later set aside, it was entitled to restitutio in integrum. The omission of a repayment order resulted from the Commonwealth's failure to inform the Court of the payment, and the Court had jurisdiction to add an order requiring repayment so as to give effect to its judgment.

Court Disposition

Application granted; prior order varied to add a repayment order; no order as to costs.

Orders

  • ['Order that the order of this Court in No. 2 of 1983 be varied by adding: Order of the Full Court of the Federal Court (No. A.C.T. G63 of 1982) varied by adding— Order that the respondent repay to the appellant the sum of $91,990.06 paid to him in satisfaction of the judgment hereby set aside.' 'Order that there be...