Restitution Discussion Group Archives
| Sender: |
Hugh Fraser |
| Date: |
Thu, 25 Nov 1999 13:49:38 +1000 |
| Re: |
Archer, red herrings - the facts? |
Steve Hedley's
mention of a case in which I appeared, Idemitsu Queensland v Agipcoal Australia
Pty Ltd [1996] 1 Qd R 26 (Qld CA), prompts me to mention that an illuminating
discussion of the case law concerning restitution of moneys paid under a
judgment subsequently set aside may be found in Brooking J's judgment in
NAB v Bond Brewing Holdings [1991] VR 386 at 591-598 (upon which the Queensland
Court relied).
It has here been reported as a fact that Mr Archer's apparently false
alibi was not in fact tendered in evidence at the trial. If this is true,
the academic debate is not less interesting, but perhaps it is more academic.
Hugh Fraser QC
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