Australian Restitution cases H-K

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Another tree!

H v. M
Queensland Supreme Court	27 November 2006	Cohabitants' rights


Habib v. Commonwealth of Australia (No 2)
Federal Court	13 March 2009	Fiduciary Duty


Halgido Pty Ltd v. DG Capital Company Ltd
Federal Court	20 December 1996	Recoupment
(also here)


Hall v. Hall
Tasmania Supreme Court	21 April 1995	Trust arising from contributions


Han v. Cramond
New South Wales Supreme Court	2 December 2005	Cohabitants' rights


Hancock Family Memorial Foundation Ltd v. Porteous
Western Australia Supreme Court	10 June 1999	Tracing


Hardie v. Wyong Shire Council
New South Wales Court of Appeal	2 May 2000	Contribution


Harpley Nominees Pty Ltd v. Jeans
New South Wales Court of Appeal	30 June 2006	Contribution


Re Harris
Federal Court	6 June 1997	Mistake
(also here)


Harris v. Smith
New South Wales Supreme Court	6 June 2008	Rectification


Harrison v. Schipp
New South Wales Court of Appeal	20 February 2001	Unconscionability


Hartigan v. International Society for Krishna Consciousness Inc
New South Wales Supreme Court	6 September 2002	Undue influence


Re Hartogen Energy Ltd (in liquidation) and The Australian Gas Light Co
Federal Court	7 July 1992	Mistaken payment


Havyn Pty Ltd v. Webster
New South Wales Court of Appeal	26 May 2005	Forfeiture of deposit


Hawksford v. Hawksford
New South Wales Supreme Court	16 May 2005	Agency of necessity


Haxton v. Equuscorp Pty Ltd
Victoria Court of Appeal	29 January 2010	Illegal contract - failure of consideration


Haybex Pty Ltd v. Moore
Queensland District Court	24 March 2000	Quantum meruit
(also )


HCK China Investments Ltd v. Solar Honest Ltd
Federal Court	23 August 1999	Resulting trust


Head v. Collings Homes Pty Ltd
New South Wales Consumer, Trader and Tenancy Tribunal	22 July 2002	Illegality


Healy v. The Real Estate Institute of Western Australia Incorporated
Western Australia Supreme Court	27 July 2004	Estoppel
Western Australia Court of Appeal	17 November 2005


Heckenberg v. Delaforce
New South Wales Court of Appeal	8 June 2000	Total failure of consideration


Henderson v. Miles
New South Wales Supreme Court	30 August 2005	Windfall equity


Henderson v. Templeton
Western Australia Supreme Court	15 June 2001	Cohabitants' rights


Henderson Corporation Pty Ltd v. Hewitt
Western Australia Supreme Court	29 July 2005	Fiduciary duties


Heperu Pty Ltd v. Belle
New South Wales Court of Appeal	26 August 2009	Misdirected funds


Hewitt v. Henderson
Western Australia Court of Appeal	8 November 2006	Limitation


Hickey v. Hickey
ACT Supreme Court	3 May 2007	Unconscionability


Hickson v. Goodman Fielder Ltd
High Court	12 March 2009	Recoupment


Highland v. Exception Holdings Pty Ltd
New South Wales Court of Appeal	17 November 2006	Subrogation


Highwater Nominees Pty Ltd v. Mead
Western Australia Supreme Court	20 January 2006	Fiduciary duty


HIH Casualty and General Insurance Ltd v. Building Insurers' Guarantee Corp
New South Wales Supreme Court	26 November 2003	Subrogation


Hill v. Hill
New South Wales Supreme Court	24 August 2005	Constructive trust


Hill v. Van Erp
High Court	18 March 1997	Will - misdirected payment


Hogan v. Allan
New South Wales Consumer, Trader and Tenancy Tribunal	6 April 2005	Building work


Hollis v. Atherton Shire Council
Queensland Supreme Court	18 March 2003	Mistake
(also ) (summarised )


Holmes v. DMS Pacific Exports Pty Ltd
New South Wales Supreme Court	28 February 2007	Unconscionable conduct


Holt v. Forehan
Victoria Supreme Court	21 April 2006	Acquiescence - jurisdiction


Home Management Maintenance Pty Ltd v. Doyle
ACT Supreme Court	13 May 1992	Quantum meruit


Honeychurch Management Pty Ltd v. Deloitte Touche Tohmatsu
Tasmania Supreme Court	17 March 2005	Unconscionability


Hookway v. Racing Victoria Ltd
Victoria Court of Appeal	20 December 2005	Mistake


Horton v. Russell
New South Wales Supreme Court	30 May 2006	Cohabitants' rights


Hoskin v. McQuoid
New South Wales Supreme Court	18 September 1830	Money received by sheriff


Hospitality Group Pty Ltd v. Australian Rugby Union Ltd
Federal Court	3 August 2001	Profit from breach of contract


Hospital Products Ltd v. United States Surgical Corporation
High Court	25 October 1984	Fiduciary duty


HS v. CS
Queensland Supreme Court	13 March 2009	Cohabitants’ rights


Hudson Investment Group Ltd v. Australian Hardboards Ltd
New South Wales Supreme Court	12 August 2005	Fiduciary duties


Huefner v. Computer Associates Pty Ltd
South Australian Industrial Relations Court	8 April 1994	Mistake


Hughes v. Egger
New South Wales Supreme Court	4 February 2005	Cohabitants' rights


Hughes v. Molloy
Victoria Supreme Court	29 June 2005	Building work


Hughes v. Singleton
New South Wales Supreme Court	27 September 1832	Compulsion - bail bond


Ibrahim v. Pham
New South Wales Supreme Court	30 March 2005	Fiduciary duty


Ideas Plus Investments Ltd v. National Australia Bank Ltd
Western Australia Supreme Court	7 April 2005	Failure of consideration
Western Australia Court of Appeal	26 October 2006


Igloo Homes Pty Ltd v. Sammut Constructions Pty Ltd
New South Wales Supreme Court	15 December 2004	Rectification
New South Wales Court of Appeal	29 November 2005


Imaje Events Pty Ltd v. Taylor
Victoria Supreme Court	10 October 2007	Failure of consideration


Imobilari Pty Ltd v. Opes Prime Stockbroking Ltd
Federal Court	17 December 2008	Knowing receipt
(noted by Peter A Clarke)


in de Braekt v. Powell
Western Australia Court of Appeal	14 March 2007	Trust - limitation period


Insurance Commission of Western Australia v. Kightly
Western Australia Court of Appeal	15 August 2005	Subrogation


International Alpaca Management Pty Ltd v. Ensor
Federal Court	7 April 1995	Mistake


Intertransport International Private Ltd v. Donaldson
Victoria Court of Appeal	15 December 2005	Failure of consideration


Irvine v. Irvine
New South Wales Supreme Court	16 June 2008	Unconscionable dealing


Isakka v. South Australian Asset Management Corp
Queensland Court of Appeal	23 December 2002	Work done by sub-contractor


Isicob Pty Ltd v. Baulderstone Hornibrook (Qld) Pty Ltd
Queensland Supreme Court	12 March 2001	Economic duress
(also )


Issitch v. Worrell
Federal Court	12 April 2000	Misapplication of bankrupt's money


Ivanov v. Alumco Windows
New South Wales Consumer, Trader and Tenancy Tribunal	27 January 2006	Building work


Jabetin Pty Ltd v. Liquor Administration Board
New South Wales Court of Appeal	1 April 2005	Unconscionability


Jackson v. Richards
New South Wales Supreme Court	8 July 2005	Lien on proceeds of litigation


JAD International Pty Ltd v. International Trucks Australia Ltd
Federal Court	1 March 1994	Rescission


Jaffer v. Commonwealth Bank Ltd
South Australia Supreme Court	12 June 2001	Mistake and change of position


James v. Balcombe
New South Wales Supreme Court	6 August 1825	Duties wrongly paid
(also here)


James v. Hill
New South Wales Court of Appeal	17 September 2004	Exemplary damages


Janson v. Janson
New South Wales Supreme Court	23 November 2007	Undue influence


Jeans v. Bruce
New South Wales Supreme Court	19 July 2004	Contribution


Jefferson v. Shirlaw
Queensland Supreme Court	23 June 2006	Receivers' remuneration


Jeffrey v. Fitzroy Collingwood Rental Housing Association Ltd
Victoria Supreme Court	8 September 1999	Mistake and change of position


Jessup v. Lawyers Private Mortgages Ltd
Queensland Supreme Court	30 January 2006	Breach of trust
Queensland Court of Appeal	3 November 2006


Jian-Jun v. Carlile Solar Pool Heating Pty Ltd
New South Wales Consumer, Trader and Tenancy Tribunal	24 December 2004	Repair of pool


Jones v. Peters
New South Wales Consumer, Trader and Tenancy Tribunal	21 January 2004	Building work


Jones v. Southall and Bourke Pty Ltd
Federal Magistrates Court	13 February 2003	Fiduciary duty
Federal Court	5 May 2004


Josson Pty Ltd v. Envotec Pty Ltd
New South Wales Supreme Court	5 June 2002	Pleading


JP Morgan Trust Australia Limited v. Siahos
New South Wales Supreme Court	13 March 2008	Unconscionable bargain


Kalenik v. Apostolidis
Victoria Supreme Court	29 May 2009	Cohabitants' rights


Kallinicos v. Hunt
New South Wales Supreme Court	22 November 2005	Breach of confidence


Kalls Enterprises Pty Ltd v. Baloglow
New South Wales Supreme Court	21 June 2006	Payment in breach of trust
New South Wales Court of Appeal	9 August 2007


Kamerunga Villa Pty Ltd v. Cairns City Council
Queensland Supreme Court	14 March 1997	Jurisdiction


K and S Corp Ltd v. Number 1 Betting Shop Ltd
South Australia Supreme Court	24 June 2005	Stolen money - jurisdiction


K and S Corp Ltd v. Sportingbet Australia Pty Ltd
South Australia Supreme Court	28 March 2003	Implied or constructive trust


Kannane v. Demian Developments Pty Ltd
New South Wales Supreme Court	25 November 2005	Misrepresentation


KAP Motors Pty Ltd v. Commissioner of Taxation
Federal Court	28 February 2008	Tax wrongly paid - constructive trust


Karam v. ANZ Banking Group Ltd
New South Wales Supreme Court	21 August 2001	Economic duress
(noted here)


Kardos v. Sarbutt
New South Wales Court of Appeal	14 February 2006	Cohabitants' rights


Re Karl Suleman Enterprizes Pty Ltd
New South Wales Supreme Court	20 June 2003	Illegality
New South Wales Court of Appeal	28 June 2004
(also here)


Karpathiou v. Clemente
South Australia Supreme Court	19 November 2008	Cohabitants' rights


Kasparian v. Burns
New South Wales Supreme Court	27 August 2007	Unconscionability


Katingal Pty Ltd v. Amor
Federal Court	26 March 1999	Constructive trust


Keefe v. Law Society of New South Wales
New South Wales Supreme Court	10 September 1998	Tracing


Kell and Rigby Pty Ltd v. Flurrie Pty Ltd
New South Wales Supreme Court	6 September 2006	Estoppel


Kelly v. Falzon t/a A and J Installation and Fixout
New South Wales Consumer, Trader and Tenancy Tribunal	30 December 2002	Illegality


Kemp v. Dobson
New South Wales Supreme Court	16 December 1829	Use and occupation
(also here)


Kerr v. JP and M Kerr (Billabidgee) Pty Ltd
New South Wales Supreme Court	6 October 2006	Proprietary estoppel


Killen v. Rennie
New South Wales Court of Appeal	15 November 2005	Resulting trust


King Investment Solutions v. Hussain
New South Wales Supreme Court	27 October 2005	Penalty clause


Kirkpatrick v. Kavulak
Queensland Supreme Court	12 October 2005	Work as executrix


Knox v. Techtrane Pty Ltd
Queensland Commercial and Consumer Tribunal	27 July 2004	Building work


Koompahtoo Aboriginal Land Council v. KLALC Property and Investment Pty Ltd
New South Wales Supreme Court	28 August 2006	Joint venture


Kosa v. State Rail Authority of NSW
New South Wales Court of Appeal	2 November 2001	Judgment set aside


Kostopoulos v. G E Commercial Finance
Queensland Court of Appeal	26 August 2005	Relief against forfeiture


Koutlis v. Air-Ride (SA) Pty Ltd
South Australian Supreme Court	12 February 1993	Quantum meruit


Kranz v. National Australia Bank Ltd
Victoria Court of Appeal	25 July 2003	Unconscionability


Krejci as liquidator of Eaton Electrical Services
New South Wales Supreme Court	8 August 2006	Fiduciary duty


Kretzschmar v. Tees
New South Wales Consumer, Trader and Tenancy Tribunal	4 November 2004	Building work


Kriezis v. Kriezis
New South Wales Supreme Court	16 March 2004	Constructive trust


Ku v. You
New South Wales Supreme Court	15 July 2008	Tenants in common - contributions to mortgage


Kurc v. Eyecare Pty Ltd
Victorian Civil and Administrative Tribunal	16 June 2004	Duress


Kwan v. Kwan
New South Wales Supreme Court	8 July 2008	Resulting trust


Kyabram Property Investments Pty Ltd v. Murray
New South Wales Supreme Court	24 November 2005	Rectification

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This page was compiled by Steve Hedley, to whom all comments should be addressed.
For Australian case law generally go to the AUSTLII site.
All suggestions for improvement are very welcome !
Flowers coutesy of Commonwealth Government site.
Flag courtesy of 3DFlags.

Re Harris

Re Hartogen Energy Ltd (in liquidation) and The Australian Gas Light Co

Re Karl Suleman Enterprizes Pty Ltd