New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.19

51.19 How claims for reinstatement or restitution to be made in appeal or cross-appeal

An appellant or cross-appellant who seeks an order for reinstatement or restitution must include in the notice of appeal or notice of cross-appeal--

(a) a claim for the order and the form of the order, and

(b) where restitution is sought--any claim for interest that is at a rate other than the relevant rate set out in rule 36.7(1).

Note--: As to the practice of the Court in awarding interest where money is ordered to be repaid by way of restitution on the setting aside of a judgment, see Heydon v NRMA Ltd (No 2)(2001) 53 NSWLR 600 at 609.