← All Authorities
Australia Leading Case illegality restitutionillegality

Equuscorp Pty Ltd v Haxton

(2012) 246 CLR 498
JurisdictionAustralia
CourtHigh Court of Australia
Year2012
StatusBinding authority

Summary

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

Key Principle

Restitution for money paid under illegal contracts. Unjust enrichment claim can succeed notwithstanding illegality of the underlying transaction, depending on statutory policy.

Area of Law

equity

Related Cases

Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 253 CLR 560

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

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.

Ask CommonBench about this case

Get a detailed analysis of Equuscorp Pty Ltd v Haxton and how it applies to your situation.

Explain Equuscorp Pty Ltd v Haxton