Neil Foster brought to my attention a new case from the NSWCA, Heperu Pty

Limited v Belle [2009] NSWCA 252 (26 August 2009)

http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWCA/2009/252.html

that deals with the problem of misdirected funds. The court seems willing to

accept the theory that a plaintiff who shows an equitable interest in a fund

held by the defendant can sue in money had and received.

Lionel

 

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