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Australia Leading Case change of positionmistake

Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd

(2014) 253 CLR 560
JurisdictionAustralia
CourtHigh Court of Australia
Year2014
StatusBinding authority

Summary

Change of position is a defence to a claim in unjust enrichment for mistaken payments where the defendant has detrimentally relied on the receipt.

Key Principle

restitution; change of position defence; mistaken payments; unjust enrichment

Area of Law

equity

Related Cases

Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498

Unjust enrichment claims for money paid under illegal contracts may succeed if recovery is consistent with the statutory policy underlying the illegality.

Friend v Brooker (2009) 239 CLR 129

Equitable compensation for breach of fiduciary duty does not require but-for causation, and a fiduciary must account for profits made in breach of their stringent obligations.

ACCC v CG Nominees (Australia) Pty Ltd (No 2) (2001) 112 FCR 515

Systemic unconscionable conduct in commerce may found liability under s.51AC TPA (now ACL s.21) without targeting a specific individual.

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