Trustees of the Roman Catholic Church v Hogan (No 2)

The proceedings before Mason P in the Supreme Court of New South Wales concerned an application by the Trustees of the Roman Catholic Church for restitution of moneys paid under a judgment that had subsequently been set aside on appeal. The appeal had resulted in an order for a new trial limited to the assessment of damages.

The primary legal issue before Mason P was whether the Trustees were entitled to the restitution of the moneys paid, notwithstanding the order for a new trial on damages. A secondary issue arose regarding the appropriate forum for the Trustees to seek interim damages, specifically whether such a claim fell within the purview of the Common Law Division.

His Honour determined that there was no reason to refuse restitution of the moneys paid under the original judgment. The principle of restitution dictates that where a judgment is set aside, parties should be restored to their original position. The fact that a new trial was ordered for damages did not negate this fundamental principle. Regarding the claim for interim damages, Mason P held that this was a matter for the Common Law Division, indicating that the procedural avenues for such relief were distinct from the restitution claim.