The house on Cliff Rd, built on the site of a long-running battle over development rights, became known as "Arun's house" after the diminutive mine baron with the outsized force of personality.

The decision in NSW's highest court, the Court of Appeal, overturns an order made last May for Jagatramka to pay $12 million to Wollongong Coal, the company which took over his mines.

Last year the Supreme Court found Mr Jagatramka had in 2008 encouraged the company to buy the property and build the house for visiting executives from India, but actually intended his family to live there "exclusively, continuously and indefinitely".

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Justice Nigel Rein ruled the Jagatramkas had improperly used their position as directors to benefit themselves, breaching their fiduciary duty to shareholders, the court ruled.

But last week the full Court of Appeal unanimously overturned this, ruling the evidence did not prove the Jagatramkas had intended to live there exclusively and indefinitely.

The court pointed to testimony that Mr Jagatramka was regarded by company leaders as one of the "visiting executives" who would stay at the house.

Mr Jagatramka's case was helped by the "Prevalence of a 'guest house' in Indian corporate culture", and the fact he did not obtain a Section 457 visa - allowing he and his family to live in Australia for four years - until 2011.

The Jagatramkas also said there was another point to buying the property: to send a message to Wollongong that the company was committed to Wollongong for the long term.

Rights to the company which owned the house were sold in 2013 as Wollongong Coal came into cash flow problems.