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Australia Leading Case failure of basisultra vires payments

Roxborough v Rothmans of Pall Mall Australia Ltd

(2001) 208 CLR 516
JurisdictionAustralia
CourtHigh Court of Australia
Year2001
StatusBinding authority

Summary

Money paid to retailers as a component of an invalid tobacco franchise fee was recoverable in restitution on the ground of failure of basis/consideration.

Key Principle

unjust enrichment; restitution of money paid under void tax; failure of consideration; total failure of basis

Area of Law

contract

Related Cases

Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560

On termination of a building contract, a builder may recover reasonable value of work done in restitution, subject to the contract price as a ceiling where work was performed under a valid contract.

Paciocco v Australia and New Zealand Banking Group Ltd (2016) 258 CLR 525

Bank late payment fees are not penalties where they represent a genuine pre-estimate of loss or protect a legitimate interest of the stipulating party.

Simic v New South Wales Land and Housing Corporation (2016) 260 CLR 85

High Court of Australia examined the principles governing rectification of written contracts for common intention and unilateral mistake in equity.

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