New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Restitution


  1. 09/12/2015
    Restitution: mistake; whether rental payments were made by reason of a mistake of fact or law; whether the recipient was unjustly enriched; whether there was evidence of a relevant mistake 
    Electric Life Pty Ltd v Unison Finance Group Pty Ltd  [2015] NSWCA 394
  2. 11/05/2015
    Restitution: recovery of money paid under mistake; defence of good consideration; appellant not entitled to recover payments made having received the consideration for which it had bargained; Ovideo Carrideo Nominees Pty Ltd v The Dog Depot Pty Ltd [2006] VSCA 6; V ConvR 54-713, followed
    Adrenaline Pty Ltd v Bathurst Regional Council  [2015] NSWCA 123
  3. 09/09/2014
    Restitution: remedies at common law; action for money had and received; payment of company’s money by a director alleged to have no authority to cause the payment to be made; no allegation of breach of fiduciary or other duty or dishonesty by the director; recovery action brought by the company against the third party recipient alone; no basis for equitable relief; whether proceeds of payment by the company identifiable in the third party recipient’s hands; appeal dismissed
    Russell Gould Pty Ltd v Ramangkura  [2014] NSWCA 310
  4. 17/03/2014
    Restitution: restitution resulting from unenforceable incomplete, illegal or void contracts; money paid by purchaser to vendor in anticipation of contract; contract never made; claim for recovery by purchaser; principles upon which money recoverable when contract fails to materialise
    Nu Line Construction Group Pty Ltd v Fowler  [2014] NSWCA 51
  5. 05/02/2014
    Restitution: appellant wife claimed money paid to husband at husband’s request, in order to make payment to family company; whether appellant had a restitutionary claim against husband; whether the party who requests the money needs to benefit from the payment in order for a claim in restitution to arise; Lumbers v W Cook Builders Pty Ltd (in liq) (2008) 232 CLR 635 considered; there was no distinct element of ‘benefit’ that needed to be satisfied; the determination of where the benefit fell was relevant to assessing which party had requested the payment; the request for money was made by appellant’s husband as an agent of the company meaning there could be no claim in restitution; appeal dismissed
    Johnson v Leader Computers Pty Ltd; Johnson v Synnex Australia Pty Ltd  [2014] SASCFC 14
  6. 04/12/2012
    Restitution: recovery of money paid under mistake; discussion of general principles; defences; change of position; discharge of debt; where fraudster concocted false invoices for purchase of equipment; financier paid seller of non-existent goods and entered leaseback arrangement with fraudster; seller applied funds received in discharge of pre-existing debts owed by fraudster’s companies; Court held unjust to require restitution
    Hills Industries Ltd v Australian Financial Services and Leasing Pty Ltd; Australian Financial Services and Leasing Pty Ltd v Bosch Security Systems Pty Ltd   [2012] NSWCA 380
  7. 03/12/2012
    Restitution: in case of payment made under mistake; change of position defence; receipt by one bank from another and subsequent disbursement by recipient bank; each bank acted without negligence on an instruction subsequently shown to be fraudulent; whether recipient bank acted on the faith of the receipt in making subsequent payment; change of position defence established by recipient bank; basis for and significance of the decision in State Bank of New South Wales Ltd v Swiss Bank Corporation (1995) 39 NSWLR 350 discussed, explained and not followed in one respect.
    Citigroup Pty Limited v National Australia Bank Limited   [2012] NSWCA 381
  8. 25/07/2012
    Restitution: Unjust enrichment; respondent paid cost of construction of road roundabout giving access to properties of both parties; whether the appellant impliedly requested the respondent to construct the roundabout for their joint benefit; no reliance; respondent not entitled to recover half of the construction cost from the appellant.
    Progressive Pod Properties Pty Ltd v A & M Green Investments Pty Ltd  [2012] NSWCA 225
  9. 19/04/2012
    Restitution: Claim to recover moneys as paid under a mistake of fact or for total failure of consideration; appellant alleged paid under an agreement for transfer by respondent of an interest in a restaurant business; agreement alleged to have been made by agent; agency and agreement denied; respondent used moneys to discharge liabilities; not unjust for respondent to retain payment
    Prasad v Sangha  [2012] NSWCA 92
  10. 28/06/2011United States
    Restitution: Unjust enrichment; common law indemnification; whether a party with contractual responsibility for supervising a worksite is liable to indemnify an injured worker when there is evidence that another party with authority undertook the supervision of the worksite and implemented safety procedures
    John McCarthy v. Turner Construction, Inc.  2011 NY Slip Op 05541