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Australia Leading Case uncategorized

David Securities Pty Ltd v Commonwealth Bank of Australia

[1992] HCA 48; (1992) 175 CLR 353
JurisdictionAustralia
CourtHigh Court of Australia
Year1992
StatusBinding authority

Key Principle

Money paid under a causative mistake of law is prima facie recoverable in restitution on the same basis as money paid under a mistake of fact; the former bar on recovery for mistake of law is not part of Australian law, subject to the defence of change of position.

Area of Law

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Related Cases

Brenner v First Artists' Management Pty Ltd [1993] 2 VR 221
Australian Securities and Investments Commission v Bekier (Liability Judgment) [2026] FCA 196
Hopper & Anor v State of Victoria [2026] HCA 11

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