Dear Colleagues.
The Victorian Court of Appeal has handed down a judgment considering when there can be a remedy of restitution where a contract is unenforceable because of illegality.
See
Haxton & Ors v Equuscorp Pty Ltd [2010] VSCA 1
Court of Appeal of Victoria
Ashley, Neave & Dodds-Streeton JJA
Restitution - unjust enrichment - assignment - blueberry farming investment schemes... - illegal loan contracts unenforceable against investors - whether lender prima facie entitled to restitution for total failure of consideration - whether investors’ retention of funds unjust - whether lender’s claim in restitution assignable - whether rights effectively assigned by deed - appeals by Equus dismissed - appeals by investors allowed - comprehensive analysis of text & case law from the United Kingdom, Australia & New Zealand in judgment of Dodds-Streeton JA.
Haxton & Ors (B)
Regards
Neil F
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
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