From: Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA>
To: ENRICHMENT@LISTS.MCGILL.CA
Date: 03/12/2009 05:44:38 UTC
Subject: [RDG] Payment under mistake

Dear Colleagues;
Perhaps best not to read this if you are about to undergo dental work: Advanced Arbor Services Pty Limited v Phung [2009] NSWSC 1331 (2 December 2009) http://www.austlii.edu.au/au/cases/nsw/NSWSC/2009/1331.html. This is not the usual standard of dentistry in NSW. A dentist carried out a massive reconstruction of a patient's mouth following a workplace accident, far more than was warranted by the accident. The insurer of the employer, who had kept on paying out the massive bills, eventually discovered the scam (unlike the poor worker, it seems!) In this action the money is ordered to be repaid on, among other obvious grounds, the basis of "unjust enrichment" - see [97].
Regards
Neil Foster
 
 
Neil Foster
Senior Lecturer, LLB Program Convenor
Newcastle Law School
Faculty of Business & Law
MC158, McMullin Building
University of Newcastle
Callaghan NSW 2308
AUSTRALIA
ph 02 4921 7430
fax 02 4921 6931
http://www.newcastle.edu.au/staff/profile/neil.foster.html
http://works.bepress.com/neil_foster/
====

This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to <listserv@lists.mcgill.ca>. To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to <enrichment@lists.mcgill.ca>. The list is run by Lionel Smith of McGill University, <lionel.smith@mcgill.ca>.