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Australia mistakegood consideration defenceinvalid charges

Redland City Council v Kozik

[2024] HCA 7
JurisdictionAustralia
CourtHigh Court of Australia
Year2024
StatusBinding authority

Key Principle

A defendant who has received money paid under a mistake cannot resist restitution by pleading 'good consideration' merely because it applied the money to works it was independently obliged to perform and which conferred no requested or freely accepted benefit on the payer, especially where allowing the defence would stultify the statutory regime breached.

Area of Law

commercial

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