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Greetings to all, especially to recent arrivals.

I am very happy to report that Lynette Falconer of the Faculty of Law, University of New South Wales, has very kindly provided a copy of the new case I mentioned earlier, on change of position. I am also grateful to Info-One, the electronic service which authorized reproduction of the case. My thanks to Lynette for clearing it with Info-One, and to Peter Birks for drawing the case to my attention in the first place.

The case, State Bank of New South Wales Ltd v Swiss Bank Corporation, is a decision of the Supreme Court of New South Wales, Court of Appeal, released 8 September 1995. The court denied the defence of change of position to a bank which, having received a mistaken payment of some US$20 million, assumed it was for a particular customer and accounted to that customer.

Anyone who would like a copy can obtain one by sending an email to the list server at

majordomo@majordomo.srv.ualberta.ca

Leave the Subject line blank; in the body of the message, put:

get restitution restfiles/swissbank.txt

You will get your copy within a few minutes, probably broken into a couple of messages. Due to various translation steps, there may be a few odd characters in the text, but the system seems to be working almost flawlessly.

If anyone has any other cases which they would like to share with the group, please let me know. It would be great if we could make the HL decision in Westdeutsche v. Islington available to everyone as soon as it comes out.

Lionel Smith
Faculty of Law, University of Alberta
Edmonton, Alberta, Canada T6G 2H5
Tel 403 492 2599; Fax 403 492 4924