Australia
Australian cases A-B
 
 

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 C-E Australian Cases F-G Australian Cases H-K Australian Cases L-N Australian Cases O-S Australian Cases T-Z



Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia Supreme Court
20 May 2005
Fiduciary duty
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
30 July 2003
Quantum meruit
 

Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia Court of Appeal
14 December 2001
Acceptance of benefit
(noted by Doyles )
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
15 April 2005
Total failure of consideration
 

Waratah, symbol of New South Wales
New South Wales Consumer, Trader and Tenancy Tribunal
20 October 2003
Quantum meruit
 

Common Heath, symbol of Victoria
Victoria Court of Appeal
28 May 2008
Equitable estoppel
 

Golden Wattle, symbol of the Commonwealth Government
Federal Court
20 December 1995
Duty wrongly paid
(also here)
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
31 October 2008
Undue influence
 

Cooktown Orchid, symbol of Queensland
Queensland Court of Appeal
16 February 2001
Legal services
(also )
 

Golden Wattle, symbol of the Commonwealth Government
Federal Court
10 March 2004
Fiduciary duty
(also here)
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
2 December 2009
Payment for unnecessary services
 

Golden Wattle, symbol of the Commonwealth Government
Federal Court
23 June 1999
Constructive trust
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
8 July 2008
Equitable lien
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
11 April 2006
Confidential information
 

Akron Securities Ltd v. Iliffe

Waratah, symbol of New South Wales
New South Wales Supreme Court
4 April 1997
Misrepresentation - restitutio in integrum
 

Golden Wattle, symbol of the Commonwealth Government
High Court
29 November 1955
Fraud
 

Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia Supreme Court
22 December 2005
Cohabitants' rights
 

Golden Wattle, symbol of the Commonwealth Government

New South Wales Court of Appeal

30 July 2001
Contribution
12 February 2004
 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
15 May 2002
Money paid under judgment
 

Common Heath, symbol of Victoria
Victoria Court of Appeal
20 July 2000
'Contract'
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
3 August 2007
Unconscionable dealing
 

Golden Wattle, symbol of the Commonwealth Government
Federal Court
14 February 1995
Contribution
 

Alma Hill Constructions Pty Ltd v. Onal

Common Heath, symbol of Victoria

Victoria Supreme Court

30 March 2007

Free acceptance

 

Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia Supreme Court
23 August 2005
Fiduciary duties
 

Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia Court of Appeal
6 June 2008
Mistake and change of position
 

Amadio Pty Ltd v. Henderson

Golden Wattle, symbol of the Commonwealth Government
Federal Court
14 July 1998
Illegality
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
3 February 2005
Limitation
 

Common Heath, symbol of Victoria
Victoria Civil and Administrative Tribunal
16 February 2005
Resulting trust
 

Ammala v. Sarimaa

Golden Wattle, symbol of the Commonwealth Government
17 August 1992 De facto relationship
19 May 1993
 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
19 September 2001
Contribution
 

Amway of Australia Pty Ltd v. Commonwealth

Golden Wattle, symbol of the Commonwealth Government
20 October 1998
Passing on
26 March 1999
 

Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia Supreme Court
17 February 2000
Incomplete contract
 

Common Heath, symbol of Victoria
Victoria Supreme Court
27 June 2002
Free acceptance
(also here)
 

Angelopoulos v. Sabatino

Sturt's Desert Pea, symbol of South Australia
South Australia Supreme Court
8 September 1995 Quantum meruit
 

Common Heath, symbol of Victoria

Victoria Supreme Court

30 April 2007

Total failure of consideration

 

Ansett Transport Industries (Operations) Pty Ltd v. Alenia Aeritalia and Selenia SpA

Royal Bluebell, symbol of the Australian Capital Territory
ACT Supreme Court
27 November 1991 Quantum meruit - jurisdiction
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
10 September 2004
Constructive trust
 

Waratah, symbol of New South Wales
New South Wales Consumer, Trader and Tenancy Tribunal
7 October 2005
Building work
 

Cooktown Orchid, symbol of Queensland
17 June 2002
Undue influence
6 February 2004
 

Apand Pty v. Kettle Chip Co Pty

Golden Wattle, symbol of the Commonwealth Government
Federal Court
23 April 1999 Account of profits - calculation
(also here)
 

Common Heath, symbol of Victoria
Victoria Supreme Court
31 March 2006
Estoppel
 

Common Heath, symbol of Victoria
Victoria Court of Appeal
30 June 2005
Money paid under judgment later set aside
 

Cooktown Orchid, symbol of Queensland
Queensland Supreme Court
1 April 2008
Subrogation
 

Tasmanian Blue Gum, symbol of Tasmania
Tasmania Supreme Court
3 April 2006
Cohabitants' rights
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
13 December 1999
Total failure of consideration
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
13 March 2006
Confidential information
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
20 June 2005
Duty of loyalty
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
24 August 2005
Incomplete contract
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
15 May 2003
Illegality
 

Sturt's Desert Rose, official symbol of the Northern Territory
Northern Territory Supreme Court
4 June 1998
Legal services
(also here)
 

Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia Supreme Court
17 May 2006
Executor's commission
 

Aussie Ideas Pty Ltd v. Tunwind Pty Ltd

Waratah, symbol of New South Wales
New South Wales Court of Appeal
31 October 2006
Fiduciary duty - limitation
 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
10 June 1999
Subrogation
 

Golden Wattle, symbol of the Commonwealth Government
Federal Court
20 December 1995
Contribution
 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
10 October 2005
Economic duress
 

Australia and New Zealand Banking Group Ltd v. Westpac Banking Corp

Golden Wattle, symbol of the Commonwealth Government
High Court
21 April 1988 Mistake
 

Cooktown Orchid, symbol of Queensland
Queensland Court of Appeal
2 September 2005
Mistake
 

Golden Wattle, symbol of the Commonwealth Government
14 January 2000
Unconscionable
conduct
27 June 2001
9 April 2003
(noted by Nicole Dean and by Rick Bigwood)
 

Golden Wattle, symbol of the Commonwealth Government
Federal Court
17 August 2005
Unconscionable conduct
 

Golden Wattle, symbol of the Commonwealth Government
29 November 2000
Unconscionability
6 February 2002
 

Common Heath, symbol of Victoria
Victoria Supreme Court
30 August 2006
Confidential information
 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
6 June 2006
Rectification
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
10 June 2008
Rectification
 

Australian Securities Commission v. Melbourne Asset Management Nominees Pty Ltd

Golden Wattle, symbol of the Commonwealth Government
Federal Court
20 April 1994 Tracing
 

Golden Wattle, symbol of the Commonwealth Government
Federal Court (FC)
25 November 2005
Unconscionable conduct
 

Aviacion Colombiana Limitada v. Commonwealth of Australia

Golden Wattle, symbol of the Commonwealth Government
22 March 1990 Failure of consideration
14 February 1994
 

Golden Wattle, symbol of the Commonwealth Government
20 May 2005
Tax wrongly paid
14 June 2006
 

Cooktown Orchid, symbol of Queensland

Queensland Supreme Court

15 March 2007

Cohabitants’ rights

 

Waratah, symbol of New South Wales
New South Wales Supreme Court
19 December 2008
Undue influence
 

Baird v. BCE Holdings Pty Ltd

Waratah, symbol of New South Wales
New South Wales Supreme Court
28 August 1996 Rescission
 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
2 September 2005
Mistake
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
13 November 2008
Presumption of advancement
 

Baltic Shipping Co v. Dillon, 'The Mikhail Lermontov'

Golden Wattle, symbol of the Commonwealth Government
High Court
10 February 1993 Restitution between contractors
 

Bank of South Australia Ltd v. Ferguson

Golden Wattle, symbol of the Commonwealth Government
18 July 1995 Illegality
29 March 1996
25 February 1998
 

Cooktown Orchid, symbol of Queensland
Queensland District Court
26 September 2001
Contribution
 

Golden Wattle, symbol of the Commonwealth Government
ACT Court of Appeal
2 February 2007
Undue influence
 

Cooktown Orchid, symbol of Queensland

Queensland Supreme Court

30 May 2007

Cohabitants’ rights

 

Waratah, symbol of New South Wales
27 June 2003
Undue influence
17 March 2004
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
13 July 2004
Forfeiture
 

Golden Wattle, symbol of the Commonwealth Government
11 April 1997
Constructive trust
30 September 1998
 

Baumgartner v. Baumgartner

Golden Wattle, symbol of the Commonwealth Government
High Court
10 December 1987 Cohabitants' rights
 

Beach Petroleum NL v. Johnson

Golden Wattle, symbol of the Commonwealth Government
Federal Court
10 June 1993 Constructive trust
 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
5 November 1999
Fiduciary duty
 

Common Heath, symbol of Victoria
Victoria Supreme Court
1 July 2005
Breach of trust
 

Tasmanian Blue Gum, symbol of Tasmania
Tasmania Supreme Court
20 March 2009
Cohabitants’ rights
 

Cooktown Orchid, symbol of Queensland
Queensland Supreme Court
18 August 2006
Penalty clause
 

Common Heath, symbol of Victoria
Victoria Supreme Court
6 November 2006
Constructive trust - caveat
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
2 May 2003
Contribution
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
29 December 1829
Distress by superior landlord
(also here)
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
4 July 2001
Receiver's remuneration
(noted by Clayton Utz )
 

Golden Wattle, symbol of the Commonwealth Government
High Court
12 December 1969
Duress colore officii
 

The Bell Group Ltd v. Westpac Banking Corp (No 9)

Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia Supreme Court
28 October 2008
Knowing receipt
 

Waratah, symbol of New South Wales
New South Wales Consumer, Trader and Tenancy Tribunal
22 September 2003
Quantum meruit
 

Cooktown Orchid, symbol of Queensland
Queensland District Court
13 February 2004
Illegality
 

Mangles' Kangaroo Paw, symbol of Western Australia
8 May 2001
Limitation
11 February 2002
 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
23 August 2001
Money paid under judgment later reversed
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
6 November 2006
Cattle - mixing of goods
 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
27 April 2006
Cohabitants' rights
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
16 May 2008
Cohabitants' rights
 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
18 September 2006
Money paid under judgement later reversed
 

Cooktown Orchid, symbol of Queensland
13 June 2006
Cohabitants' rights
8 December 2006
 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
8 July 2005
Fiduciary duty
 

Golden Wattle, symbol of the Commonwealth Government

Federal Court

16 March 2007

Unconscionable conduct

 

Golden Wattle, symbol of the Commonwealth Government
3 December 2008
Subrogation
13 October 2009
(discussed by Eoin O'Dell)
 

Cooktown Orchid, symbol of Queensland
Queensland Supreme Court
30 September 2005
Marital property
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
27 September 2006
Misrepresentation
 

Booth v. Beresford

Sturt's Desert Pea, symbol of South Australia
South Australia Supreme Court
29 November 1993 De facto relationship
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
21 February 2007
Cohabitants' rights
 

Golden Wattle, symbol of the Commonwealth Government

Federal Court

18 May 2007

Rectification

 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
17 February 2005
Mistaken performance of contract
 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
23 March 2001
Quantum meruit
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
25 November 2005
Discharge of another's debt
 

Bridgewater v. Leahy

Golden Wattle, symbol of the Commonwealth Government
High Court
22 October 1998
Unconscionability
 

Golden Wattle, symbol of the Commonwealth Government
High Court
2 September 2003
Duty wrongly paid
 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
20 December 2006
Fiduciary duty and contribution
 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
6 November 2008
Assault as breach of fidiciary duty
 

Waratah, symbol of New South Wales
New South Wales Supreme Court
6 December 2006
Resulting trust - presumption of advancement
 

Bulun Bulun v. R and T Textiles Pty Ltd

Golden Wattle, symbol of the Commonwealth Government
Federal Court
3 September 1998
Copyright and fiduciary duty
 

Mangles' Kangaroo Paw, symbol of Western Australia
Western Australia Supreme Court
15 September 2000
Ultra vires and quantum meruit
 

Waratah, symbol of New South Wales
New South Wales Court of Appeal
18 November 2005
Cohabitants' rights
 

Golden Wattle, symbol of the Commonwealth Government
High Court
18 April 2002
Contribution
(noted by Luke Gattuso)
 

Cooktown Orchid, symbol of Queensland
Queensland Supreme Court
26 March 2002
Undue influence
(also )
 

Cooktown Orchid, symbol of Queensland
Queensland Court of Appeal
1 August 2008
Rectification
 

Common Heath, symbol of Victoria
Victoria Supreme Court
28 October 2008
Fraud - money had and received
 

  Australian Cases C-E Australian Cases F-G Australian Cases H-K Australian Cases L-N 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 !