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Heydon v NRMA Ltd (No 2)

Heydon v NRMA Ltd (No 2)

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Case Copied 3 December 2001 29 min read

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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 2001

PARTIES :

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 QC

SOLICITORS: Appellants: Corrs Chambers Westgarth
(Heydon)
Ebsworth & Ebsworth (Bateman)
Blake Dawson Waldron (Morgan)
Respondent: Norton White

CATCHWORDS: 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 186

DECISION: See par 56.

CA 40587/99
CA 40647/99
CA 40655/99

MASON P
BEAZLEY JA
IPP AJA
Monday 3 December 2001

John 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)
JUDGMENT

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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2001] NSWCA 445
Decision Date: 3 December 2001

CaseChat Overview and Summary

The dispute in *Heydon v NRMA Ltd (No 2)* concerned an application by the respondent, NRMA Ltd, for the restitution of money paid under a judgment that had subsequently been set aside. The matter came before the Court of Appeal of New South Wales.

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

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

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 2001
PARTIES :	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 QC
SOLICITORS:	Appellants: Corrs Chambers Westgarth (Heydon) Ebsworth & Ebsworth (Bateman) Blake Dawson Waldron (Morgan) Respondent: Norton White
CATCHWORDS:	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 186
DECISION:	See par 56.