TCN Channel 9 Pty Ltd v Antoniadis (No 2)

TCN Channel 9 Pty Ltd (the appellant) sought orders for restitution of judgment debts and costs paid by it to Mr Antoniadis (the respondent) following an earlier judgment. The appeal concerned the exercise of the court's power to make restitutionary orders under Supreme Court Rules Pt 51 AA r 18, particularly in circumstances where a new trial had been ordered.

The primary legal issue before the Court of Appeal was whether it possessed the power to order restitution of moneys paid under a judgment that was subsequently set aside, and if so, whether it was appropriate to exercise that power given the pending new trial. The court was required to consider the scope of its inherent jurisdiction and the specific rules governing restitution in the context of an appeal where a retrial had been ordered.

The court reasoned that it had the power to make restitutionary orders to restore parties to the position they were in before the original judgment was given, especially when that judgment was overturned. This power was considered to be part of the court's inherent jurisdiction to do justice between the parties. The court noted that the existence of a pending new trial did not preclude the exercise of this power. The court found that it was just and appropriate to order restitution of the judgment debt and costs paid by the appellant to the respondent.

The court ordered that the respondent repay to the appellant the sum of $1,000,000, together with interest, and the sum of $100,000 paid on account of costs, also with interest.