CLUTHA DEVELOPMENTS PTY LIMITED v DOWD SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL SHELLER JA 11 March 1996 [1996] NSWCA 105 Sheller JA. In this appeal the Court delivered its judgment on 5 October 1995. The matter was stood over after the Court had given reasons to enable short minutes of order to be brought in. For reasons which are not explained, there has been delay in doing that. The Registrar brought this to the attention of both parties and today was set as the date for the bringing of short minutes. When the matter was called on today, Mr Polin appeared for the appellant. There was no appearance for the respondent. Mr Polin has handed up short minutes of order that he proposes should be made and has filed in Court written submissions in support of the short minutes which I have read. The order for a refund of an overpayment is supported by what was said by Kirby J in Government Insurance Office of New South Wales v Healy (1991) 22 NSWLR 380. On the basis of what his Honour said in that case and the material that has been presented to me in the written submissions I propose to make Orders 1 to 6 in the short minutes of order initialled by me and placed with the papers. I will also place the written submissions with the papers. Orders accordingly.