Interest on restitutionary claims (Charles Mitchell, 2 Apr 1998)

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Sender:	Charles Mitchell
Date:	Thu, 2 Apr 1998 09:02:05
Re:	Interest on restitutionary claims

The question when a restitutionary award should include interest to reflect the fact that D has been benefited by having user of P's money, canvassed by Lords Goff and Woolf in Westdeutsche, has been revisited by the HCA in Commonwealth of Australia v SCI Operations Pty Ltd (26th March 1998) (where the court held that the right to such interest was not part of a statutory restitutionary scheme, and that there was therefore no room for such an award of interest at common law). Transcripts are available from the Australian Legal Information Institute (www.austlii.edu.au).

Charles

_____________________________

Dr Charles Mitchell
Lecturer in Law
School of Law
King's College London
Strand
LONDON WC2R 2LS

tel: 0171 873 2290
fax: 0171 873 2465

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