BAULKHAM HILLS SHIRE COUNCIL v PASCOE [2000] NSWCA 322

New South Wales Court of Appeal

CITATION : BAULKHAM HILLS SHIRE COUNCIL v PASCOE [2000] NSWCA 322 FILE NUMBER(S) : CA 40092/99 HEARING DATE(S) : 2 November 2000 JUDGMENT DATE : 2 November 2000

PARTIES : Baulkham Hills Shire Council - Claimant Kevin John Pascoe - Opponent JUDGMENT OF : Sheller JA at 1; Giles JA at 17; Brownie AJA at 18

LOWER COURT JURISDICTION : District Court LOWER COURT 1146/98 FILE NUMBER(S) : LOWER COURT Garling DCJ JUDICIAL OFFICER :

COUNSEL : Harry Woods - Claimant N/A - Opponent SOLICITORS : Phillips Fox - Claimant N/A - Opponent CATCHWORDS : JUDGMENT AND ORDERS - corrections under slip rule - Supreme Court Rules, Pt 20 r10(1) - RESTITUTION - repayment of judgment debts - where successful appellant had already paid money to the respondent - NR LEGISLATION CITED : Supreme Court Act 1970 Supreme Court Rules Commonwealth of Australia v McCormack (1984) 155 CLR 273 CASES CITED: Government Insurance Office of New South Wales v Healey (No 2) (1991) 22 NSWLR 380 Production Spray Painting & Panel Beating Pty Ltd v Newnham (No 2) (1991) 27 NSWLR 659 DECISION : 1. Respondent to repay to the appellant the sum of $73,034.70 paid to him in satisfaction of the judgment hereby set aside, together with interest on that sum from date of payment by the appellant to date of repayment by the respondent such interest to be calculated in accordance with the rates prescribed in the Supreme Court Rules. It is intended that this order become order 3 in the orders of the Court made on 19 November 1999; 2. No order as to costs