PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – JUDGMENTS AND ORDERS – OTHER CASES – where the applicant paid the respondent an amount pursuant to a District Court judgment – where that judgment was successfully appealed and remitted to the District Court – where the respondent did not repay the judgment amount to the applicant – whether the judgment amount should be repaid to the applicant with interest and costs
Civil Proceedings Act 2001 (Qld), s 58(3), s 59(3) Mixed Use Development Act 1993 (Qld), s 193 Gould v Vaggelas (1985) 157 CLR 215; [1985] HCA 75, distinguished L Shaddock & Associates Pty Ltd v Paramatta City Council (No 2) (1982) 151 CLR 590; [1982] HCA 59, distinguished Production Spray Painting & Panel Beating Pty Ltd v Newnham (No 2) (1992) 27 NSWLR 659, considered TCN Channel 9 Pty Ltd v Antoniadis (No 2) (1999)

The Proprietors Cathedral Village BUP 106957 v Cathedral Place community Body Corporate [2021] QCA 186 (31 August 2021)