Arida v Arida (No 2) [2015] NSWCA 226

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Arida v Arida (No 2) [2015] NSWCA 226 Hearing dates: On the papers Decision date: 11 August 2015 Before: Bathurst CJ, Macfarlan JA, Sackville AJA Decision: 1. Set aside Orders 1 and 2 made by Slattery J on 13 May 2014. 2. Order the respondent to pay the appellants: (a) the sum of $497,804.27; and (b) interest on the sum of $454,087.46 calculated from 11 July 2015 until the date of payment at the rate prescribed from time to time for the purposes of s 101 of the Civil Procedure Act 2005 (NSW). 3. The respondent pay the appellants' costs of and incidental to their motion filed on 5 March 2014. 4. The appellants pay the respondent's costs of the summons for leave to appeal filed on 27 June 2014 in proceedings 2014/131524. 5. The respondent pay the appellants' costs of the appeal in proceedings 2014/211401. 6. The respondent, if otherwise eligible, is to have a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: JUDGMENTS – interest – money paid pursuant to court order set aside on appeal – whether interest payable on the amount to be repaid Legislation Cited: Civil Procedure Act 2005 (NSW), s 101 Suitors' Fund Act 1951 (NSW) Cases Cited: Arida v Arida [2015] NSWCA 170 Heydon v NRMA Ltd (No 2) [2001] NSWCA 445; 53 NSWLR 600 Category: Procedural and other rulings Parties: Sid Arida, Joseph Arida, George Arida (Appellants) Tony Arida (Respondent) Representation: Counsel: M Condon SC / Ms H Mann (Appellants) D Studdy SC / Ms V McWilliam (Respondent)