Dear Colleagues;
Those interested in the area of unjust enrichment and restitution will no doubt be interested to read the latest decision from the High Court of Australia on the topic, Australian
Financial Services and Leasing Pty Limited v Hills Industries Limited [2014] HCA 14 (7 May 2014) http://www.austlii.edu.au/au/cases/cth/HCA/2014/14.html .
I will leave it up to others much more versed in this area than I am to comment on the merits of the decision (which seems on a quick reading to be that “change of position” can be defence to a claim for recovery of money paid by mistake). A number of ODG
and Enrichment list members are cited in the course of the judgments. Apologies to those on both lists who receive 2 copies of this email.
Regards
Neil
NEIL FOSTER
Associate Professor
Associate Professor
Newcastle Law School
Faculty of Business and Law
Faculty of Business and Law
Further details: http://www.newcastle.edu.au/profile/neil-foster
My publications: http://works.bepress.com/neil_foster/
The University of Newcastle (UoN)
University Drive
Callaghan NSW 2308
Australia
CRICOS Provider 00109J
The University of Newcastle (UoN)
University Drive
Callaghan NSW 2308
Australia
CRICOS Provider 00109J
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