NSW Caselaw
New South Wales Court of Appeal
CITATION: Hume v Walton (No 2) [2005] NSWCA 458
HEARING DATE(S): Written submissions
JUDGMENT DATE: 16 December 2005
JUDGMENT OF: Tobias JA at 1; McColl JA at 1
DECISION: (1) Judgment for the claimant in the sum of $226,938.95.; (2) Opponent to pay interest on $205,028.35 in accordance with Schedule 5 of the Uniform Civil Procedure Rules 2005.; (3) Stay the enforcement of the judgment until the disposition of the opponent's proceedings in District Court matter No 606/02.; (4) Claimant to pay the opponent's costs of the Motion.
CATCHWORDS: RESTITUTION - recovery of money paid under judgment - application for repayment after - appeal - - JUDGMENTS AND ORDERS - stay (ND)
Health and Other Services (Compensation) Act 1995 (Cth) Social Security Act 1991 (Cth) LEGISLATION CITED: Suitors' Fund Act 1951 Uniform Civil Procedure Rules 2005
Hume v Walton [2005] NSWCA 148 Production Spray Painting & Panel Beating Pty Ltd v Newnham (No2) (1992) 27 NSWLR 659 CASES CITED: TCN Channel Nine Pty Ltd v Antoniadis (1998) 44 NSWLR 682 TCN Channel Nine v Antoniadis (No 2) [1999] NSWCA 104; (1999) 48 NSWLR 381
John Hume (Claimant) PARTIES: Vicki May Walton (Opponent)
FILE NUMBER(S): CA 41223/03
T L Lawyers (Claimant) SOLICITORS: Armstrongs (Opponent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 606/02
LOWER COURT JUDICIAL OFFICER: Sidis DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41223/03 DC 606/02
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