Australia
Australian cases L-N
 
 

Restitution
front page

What's new?

Another tree!

Australia
A-B
C-E
F-G
H-K
L-N
O-S
T-Z

Belize

Canada
A-B
C-E
F-G
H-K
L-N
O-S
T-Z

Caribbean Islands

Channel Islands

ECHR

England and
Wales
A-B
C-E
F-G
H-K
L-N
O-S
T-Z

European
Union

Germany

Hong Kong

India

Ireland

Isle of Man

Israel

Japan

Malaysia

New Zealand

Northern
Ireland

Pacific Islands

Philippines

Scotland

Singapore

South Africa

Sri Lanka

United
States
A-B
C-E
F-G
H-K
L-N
O-S
 T-Z

Another tree!

 
Australian cases A-B Australian cases C-E Australian cases F-G Australian cases H-K Australian cases O-S Australian cases T-Z
Golden Wattle, symbol of the Commonwealth Government
15 March 2006
Duress
15 June 2006
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
25 July 1826
Supply of necessaries
(also here and here)
 
Golden Wattle, symbol of the Commonwealth Government
Federal Court
12 May 1999
Overpayment of tax
(also here)
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
7 September 2004
Effect of guarantee
 
Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia Supreme Court
3 November 2006
Lien over legal costs
 
Waratah, symbol of New South Wales
New South Wales Court of Appeal
12 September 2006
Duty to account
 
Tasmanian Blue Gum, symbol of Tasmania
Tasmania Supreme Court
17 February 2009
Cohabitants’ rights
 
Cooktown Orchid, symbol of Queensland
Queensland Supreme Court
17 March 2008
Cohabitants’ rights
 
Waratah, symbol of New South Wales

New South Wales Supreme Court

21 March 2007

Incomplete contract
 

LED Builders Pty Ltd v. Eagle Homes Pty Ltd

 Golden Wattle, symbol of the Commonwealth Government
13 November 1996 Breach of copyright - profits
7 May 1999
 
Cooktown Orchid, symbol of Queensland
Queensland Court of Appeal
5 May 2006
Legal services
 
Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia Supreme Court
18 September 2008
Mistake
 
Cooktown Orchid, symbol of Queensland
Queensland Court of Appeal
17 June 2005
Breach of contract
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
19 May 2005
Breach of trust
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
23 May 2006
Interest
 
Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia Court of Appeal
3 February 2000
Confiscation of profits
 
Mangles' Kangaroo Paw, symbol of Western Australia
10 August 2001
Constructive trust
23 October 2002
 
Sturt's Desert Pea, symbol of South Australia
South Australia Supreme Court
8 April 2005
Unconscionability
 
Common Heath, symbol of Victoria
Victoria Supreme Court
16 February 2005
Confidential information
 
Golden Wattle, symbol of the Commonwealth Government
Federal Magistrates Court
31 October 2001
Marital property
(also here)
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
7 November 2006
Cohabitants' rights
 
Mangles' Kangaroo Paw, symbol of Western Australia
24 April 2001
Cohabitants' rights
19 September 2001
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
11 May 2006
Cohabitants' rights
 
Sturt's Desert Pea, symbol of South Australia
5 March 1999
Quantum meruit
23 February 2000
 

Re Lord and the Australian Elizabethan Theatre Trust

Golden Wattle, symbol of the Commonwealth Government
Federal Court 2 August 1991 Constructive trust
 
Cooktown Orchid, symbol of Queensland
Queensland Supreme Court
29 November 2006
Conflict of duty and interest
 

Louth v. Diprose

Golden Wattle, symbol of the Commonwealth Government
High Court
2 December 1992 Undue influence
(On this case see: Bob Moles and Bibi Sangha, 'Gendered Stereotypes and the "Facts"')
 
Golden Wattle, symbol of the Commonwealth Government
Federal Court
23 March 2005
Contribution
 
Golden Wattle, symbol of the Commonwealth Government
30 January 2007
Quantum meruit - building work
18 June 2008
(special leave to appeal granted 8 August 2007)
(transcript of oral argument on 26 February 2008 and 27 February 2008)
(comment by "Legal Eagle" 19 June 2008 and by Michael Bryan)
 
Common Heath, symbol of Victoria
Victoria Supreme Court
9 November 2005
Cohabitants' rights
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
29 June 2006
Contribution to purchase price
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
16 March 2009
Fiduciary - improvements
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
12 June 1833
Formalities
(also here)
 
Cooktown Orchid, symbol of Queensland
Queensland Supreme Court
19 June 2006
Cohabitants' rights
 
Waratah, symbol of New South Wales
New South Wales Court of Appeal
10 April 2006
Mistaken contract
 
Cooktown Orchid, symbol of Queensland
Queensland Supreme Court
12 August 2005
Resulting trust
 

Macquarie Bank Ltd v. Sixty Fourth Throne Pty

 Common Heath, symbol of Victoria
Victoria Supreme Court
28 October 1997 Knowing receipt
(special leave to appeal refused 19 May 1998)
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
21 May 2009
Improvements to property
 
Sturt's Desert Pea, symbol of South Australia
South Australia Supreme Court
18 January 2007
Mistake
 

Maguire v. Makaronis

Golden Wattle, symbol of the Commonwealth Government
High Court
 25 June 1997 Fiduciary duty
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
29 January 2007
Unconscionable conduct
 
Golden Wattle, symbol of the Commonwealth Government
4 December 1998
Duty wrongly paid
15 March 2001
 
Cooktown Orchid, symbol of Queensland
Queensland Supreme Court
13 December 2002
Failure of consideration
(also )
 
Cooktown Orchid, symbol of Queensland
Queensland Court of Appeal
24 December 2003
Payment of another's land tax
 
Sturt's Desert Pea, symbol of South Australia
South Australian Supreme Court
30 May 1991
Worker's lien
 
Cooktown Orchid, symbol of Queensland
Queensland Court of Appeal
28 October 1997
Illegal contract
(also )
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
11 September 2003
Tax wrongly paid
 
Golden Wattle, symbol of the Commonwealth Government
High Court
27 February 1959
Recovery of charges
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
11 September 1828
Quantum meruit
(also here)
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
20 October 2005
Trustee's remuneration
 
Mangles' Kangaroo Paw, symbol of Western Australia
29 April 2005
Fiduciary duty
Western Australia Court of Appeal
4 July 2007
 
Cooktown Orchid, symbol of Queensland
Queensland Supreme Court
6 August 2008
Equitable estoppel
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
14 September 2007
Knowing receipt and defences
New South Wales Court of Appeal
5 September 2008
 
Tasmanian Blue Gum, symbol of Tasmania
Tasmania Supreme Court
17 December 2001
Constructive trust
 
Common Heath, symbol of Victoria
Victoria Supreme Court
9 June 2006
Executor's commission
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
27 October 2005
Cohabitants' rights
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
21 February 2008
Joint venture - family property
 
Common Heath, symbol of Victoria
Victoria Supreme Court
8 April 1998
Compulsion
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
25 October 2006
Estoppel
 
Cooktown Orchid, symbol of Queensland
Queensland Court of Appeal
15 February 1993
Improvement to property
 
Sturt's Desert Pea, symbol of South Australia
South Australia Supreme Court
22 July 2005
Fiduciary duty
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
22 March 2004
Frustrated contract
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
4 December 1996
Compensation wrongly paid
 
Cooktown Orchid, symbol of Queensland
10 August 2001
Stamp duty wrongly paid
17 September 2002
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
15 April 1996
Mistake
 
Cooktown Orchid, symbol of Queensland
Queensland District Court
15 February 2005
Set-off
 
Common Heath, symbol of Victoria
Victoria Supreme Court
9 February 2006
Mistake
 
Cooktown Orchid, symbol of Queensland
Queensland Court of Appeal
20 May 1993
Constructive trust
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
13 September 2006
Confidentiality
 
Cooktown Orchid, symbol of Queensland
14 February 1996
Illegality
22 December 1997
 
Sturt's Desert Pea, symbol of South Australia
South Australian Industrial Relations Court
18 September 1998
Mistake
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
16 April 2004
Transfer of land by mistake
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
27 August 1997
Profit from confidence
 
Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia Supreme Court
31 May 2005
'Fair dealing' rule
 
Common Heath, symbol of Victoria
Victoria Supreme Court
22 February 2006
Unconscionable conduct
 
Cooktown Orchid, symbol of Queensland
Queensland Supreme Court
18 August 2006
Economic duress and unconscionability
 
Sturt's Desert Pea, symbol of South Australia
South Australia Supreme Court
14 September 2005
Misrepresentation
 
Common Heath, symbol of Victoria
Victoria Court of Appeal
30 April 2003
Unconscionability
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
25 August 2006
Estoppel
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
14 April 2000
Contribution and indemnity
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
16 July 2008
Rectification
 
Golden Wattle, symbol of the Commonwealth Government
Federal Court
23 December 1999
Constructive trust
 

Re Morris, ex parte Donnelly

Golden Wattle, symbol of the Commonwealth Government
Federal Court
 15 August 1997 Conversion of cheques
(also here)
 
Cooktown Orchid, symbol of Queensland
Queensland District Court
26 November 2001
Quantum meruit
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
30 May 2005
Recovery of deposit
 
Cooktown Orchid, symbol of Queensland
Queensland Commercial and Consumer Tribunal
4 August 2004
Illegal contract
 
Cooktown Orchid, symbol of Queensland
Queensland Supreme Court
20 September 2006
Cohabitants' rights
 
Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia Supreme Court
29 June 2006
Constructive trust
 
Golden Wattle, symbol of the Commonwealth Government
Federal Court
12 March 2001
Fraudulent trade practices
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
11 April 2005
Rectification
 

Muschinshi v. Dodds

Golden Wattle, symbol of the Commonwealth Government
High Court
 6 December 1985 Cohabitants' rights
(also here)
 

Mutual Pools and Staff Pty Ltd v. Commonwealth of Australia

Golden Wattle, symbol of the Commonwealth Government
High Court
9 March 1994 Ultra vires demand
 
Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia District Court
21 July 2006
Building work – illegality
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
12 February 2001
Tracing and subrogation
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
28 May 2001
Mistake
 
Golden Wattle, symbol of the Commonwealth Government
Federal Court
9 July 1996
Contribution
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
23 February 2007
Joint venture
 

Natural Extracts Pty Ltd v. Stotter

 Golden Wattle, symbol of the Commonwealth Government
Federal Court
 16 May 1997 Fiduciary duty - Account of profits
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
14 January 2004
Knowing assistance
 
Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia Supreme Court
1 June 2005
Total failure of consideration
 
Waratah, symbol of New South Wales
6 December 2005
Cohabitants' rights
22 September 2006
 

Nelson v. Nelson

 Golden Wattle, symbol of the Commonwealth Government
High Court
 10 May 1995 Illegality
 
Cooktown Orchid, symbol of Queensland
Queensland Supreme Court
24 August 2005
Conflict of duty and interest
 

Newitt v. Leitch

 Tasmanian Blue Gum, symbol of Tasmania
Tasmania Supreme Court
 20 March 1997 Mistake - Failure of consideration
 
Golden Wattle, symbol of the Commonwealth Government
Federal Court
4 October 1996
Constructive trust
 
Waratah, symbol of New South Wales
New South Wales Supreme Court
2 June 1998
Agency - commission
 
Cooktown Orchid, symbol of Queensland
Queensland Supreme Court
7 July 2005
Cohabitants' rights
 
Common Heath, symbol of Victoria
Victoria Supreme Court
27 February 2009
Undue influence – will
 
Common Heath, symbol of Victoria
8 November 2004
Knowing receipt
19 June 2006
 
Common Heath, symbol of Victoria
Victoria Court of Appeal
24 April 2003
Constructive trust
 
Common Heath, symbol of Victoria
Victoria Supreme Court
29 November 2006
Cohabitants' rights
 
Cooktown Orchid, symbol of Queensland
Queensland Commercial and Consumer Tribunal
8 July 2004
Building work
 
Sturt's Desert Pea, symbol of South Australia
South Australia Supreme Court
21 November 2008
Indemnity and subrogation
 

Nunkuwarrin Yunti v. AL Seeley Constructions

 Sturt's Desert Pea, symbol of South Australia
South Australia Supreme Court
11 September 1998
Illegality - quantum meruit
Australian cases A-B Australian cases C-E Australian cases F-G Australian cases H-K Australian cases O-S Australian cases T-Z
     
Webspace provided by UCC   »
»
»
»
»		 This page was compiled by Steve Hedley, to whom all comments should be addressed.
For Australian case law generally go to the AUSTLII site.
All suggestions for improvement are very welcome !
Flowers coutesy of Commonwealth Government site.
Flag courtesy of 3DFlags.
only search restitution site
Contact the webmaster !