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Australia Leading Case passing offunconscionabilityproprietary estoppel

Moorgate Tobacco Co Ltd v Philip Morris Ltd (No 2)

(1984) 156 CLR 414
JurisdictionAustralia
CourtHigh Court of Australia
Year1984
StatusBinding authority

Summary

High Court of Australia confirmed there is no general tort of unfair competition in Australia, addressing unconscionability and equitable estoppel principles.

Key Principle

unconscionability; equitable estoppel; no general tort of unfair competition in Australia

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.

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.

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