Reported Decision:
53 NSWLR 600
New South Wales
Court of Appeal
CITATION: HEYDON v NRMA & ORS, BATEMAN & ORS v NRMA & ORS, MORGAN & ORS v NRMA & ORS (No 2) [2001] NSWCA 445 FILE NUMBER(S): CA 40587/99, 40644/99, 40647/99 HEARING DATE(S): 7 August 2001 JUDGMENT DATE:
3 December 2001PARTIES :
John Dyson HEYDON v NRMA Ltd & Ors, Gregory Anthony Thomas BATEMAN & Ors v NRMA Ltd & Ors, John Kerin MORGAN & Ors v NRMA Ltd & Ors (No 2)JUDGMENT OF: Mason P at 1; Beazley JA at 57; Ipp AJA at 58
COUNSEL: Appellants: J T Gleeson SC (Heydon)
G Burton (Bateman)
M R Speakman (Morgan)
Respondent: R McDougall QCSOLICITORS: Appellants: Corrs Chambers Westgarth
(Heydon)
Ebsworth & Ebsworth (Bateman)
Blake Dawson Waldron (Morgan)
Respondent: Norton WhiteCATCHWORDS: Court of Appeal - restitution of money paid under judgment set aside - unjust enrichment - rate of interest - Schedule J rates unless exceptional circumstances (D) CASES CITED: Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221
Rodger v Comptoir d'Escompte de Paris (1871) LR 3 PC 465
Commonwealth v McCormack (1984) 155 CLR 273
TCN Channel 9 Pty Ltd v Antoniadis (No 2) (1999) 48 NSWLR 381)
Victorian Workcover Authority v Esso Australia Ltd [2001] HCA 53
National Australia Bank Ltd v Budget Stationary Supplies Pty Ltd (NSWCA 23 April 1997, unreported)
SCI Operations Pty Ltd v Commonwealth (1996) 139 ALR 595
The Commonwealth v SCI Operations Pty Ltd (1998) 192 CLR 285
National Australia Bank Ltd v Bond Brewing Holdings Ltd [1991] 1 VR 386
Government Insurance Office of New South Wales v Healey (No 2) (1991) 22 NSWLR 380
Meerkin & Apel v Rosett Pty Ltd (No 2) [1999] 2 VR 31
Idemitsu Queensland Pty Ltd v Agipcoal Australia Pty Ltd [1996] 1 Qd R 26
Haig v Minister Administering the National Parks and Wildlife Act 1974 (No 3) (1996) 90 LGERA 408
AMP General Insurance Ltd v Roads and Traffic Authority of NSW [2001] NSWCA 186DECISION: See par 56.
CA 40587/99
CA 40647/99
CA 40655/99
Monday 3 December 2001MASON P
BEAZLEY JA
IPP AJAJUDGMENTJohn Dyson HEYDON v NRMA LIMITED & Ors (No 2)
John Kerin MORGAN & Ors v NRMA LIMITED & Ors (No 2)
Gregory Anthony Thomas BATEMAN & Ors v NRMA LIMITED & Ors (No 2)
These appeals were decided in the appellants’ favour on 21 December 2000. The Court, differently constituted, set aside the earlier judgment of Giles CJ Comm Div which had been in favour of the plaintiffs (hereafter NRMA) against three groups of defendants (Mr Heydon QC as he then was, Abbott Tout and Allen Allen & Hemsley). The High Court subsequently refused special leave to appeal.
2 Judgment had been entered at first instance on 4 August 1999. Each of Mr Heydon, Abbott Tout and Allen Allen & Hemsley were ordered to pay $32,068,910, such damages to be apportioned equally. The sum was calculated on the basis…
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- Case
- [2001] NSWCA 445
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was the appropriate rate of interest to be applied to the sum ordered to be repaid. Specifically, the Court had to determine whether the standard interest rates prescribed by Schedule J of the Supreme Court Rules 1970 (NSW) were to be applied, or if exceptional circumstances warranted a departure from these rates.
The Court reasoned that the principle of unjust enrichment underpinned the claim for restitution. It held that the standard rates of interest under Schedule J were to be applied unless there were exceptional circumstances justifying a different approach. In this instance, the Court found no such exceptional circumstances and therefore ordered that interest be calculated according to the Schedule J rates.
The Court ordered that the respondent was entitled to recover from the appellant the sum paid under the set-aside judgment, with interest to be calculated in accordance with the rates prescribed by Schedule J of the Supreme Court Rules 1970 (NSW).
Orders
Orders of the court
See par 56.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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