Heydon v NRMA Ltd (No 2)

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).