Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Wed, 13 Dec 1995 13:12:44 -0700 |
| Re: |
New NSW Case on Change of Position |
The
New South Wales Court of Appeal has recently released an important judgment
on the defence of change of position: State
Bank of NSW Ltd. v. Swiss Bank Corp. (8 September 1995). The defence
was denied to a bank which received a mistaken payment of US$20M and
allowed one of its customers to draw against that amount, where there was
nothing in the circumstances of receipt to suggest that the payment was
intended for that customer.
Do any Australian list members have an electronic copy
of the case? If so, I could make it available to all list members.
Lionel Smith
Faculty of Law, University of Alberta
Edmonton, Alberta, Canada T6G 2H5
Tel 403 492 2599; Fax 403 492 4924
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