Woolworths Ltd v Strong (No 2)

Woolworths Ltd (Appellant) appealed against a judgment of the Supreme Court of New South Wales in favour of Mr. Strong (First Respondent). The dispute concerned the repayment of a sum of money paid by Mr. Strong to Woolworths Ltd pursuant to an earlier judgment, which Woolworths Ltd sought to reverse on appeal. The Court of Appeal was required to determine the entitlement to restitution and interest following the successful appeal and the requirements for seeking such relief.

The Court of Appeal considered the principles governing restitution when a judgment is reversed on appeal. It affirmed that a successful appellant is entitled as of right to restitution of any sum paid under the reversed judgment, together with interest. However, the Court also highlighted procedural requirements, stating that a Notice of Appeal should clearly articulate the claim for restitution, specify the sum for which restitution is sought, and indicate the period over which interest is claimed. The Court also addressed the considerations relevant to whether a party should seek payment of a judgment when an appeal has been lodged, particularly where there is a risk of the plaintiff being unable to repay the money without difficulty or delay.

The Court of Appeal ordered judgment for the Appellant against the First Respondent for $285,768.66, plus interest at the prescribed rates from 22 February 2011 to the date of payment. A further judgment was entered for the Appellant against the First Respondent in the sum of $36,789.73, which was not to bear interest under s 101 of the Civil Procedure Act 2005. The costs order relating to the appeal was modified to exclude the costs of a specific Notice of Motion. Finally, execution of the restitutionary orders was stayed for 28 days.