Restitution Discussion Group Archives
| Sender: |
Michael Rush |
| Date: |
Tue, 20 Dec 2005 05:11:11 |
| Re: |
Mistake of Law |
And the citation is:
Hookway v Racing Victoria Limited & Anor [2005]
VSCA 310 (20 December 2005)
Which can be found at:
http://www.austlii.edu.au/au/cases/vic/VSCA/2005/310.html
Michael Rush writes:
The Victorian Court of Appeal today
upheld a decision awarding the plaintiffs restitution based on a mistake
of law.
The dispute arose following a horse
race. The defendant owned a horse that came second past the post. However,
when the winning horse was subsequently disqualified (it tested positive
for a banned substance), the defendant's horse was elevated to first
place. The plaintiffs then paid the defendant prize money on the basis
that his horse was the legal winner.
At the time of paying the prize money
to the defendant, the plaintiffs were not aware that the owners of the
first horse had a right of appeal. That right of appeal was exercised,
and the stewards' decision overturned. The defendant's horse was relegated
to second place. The plaintiffs sought recovery of the additional $76,500
it paid to the defendant.
The defendant was ordered to return
the money to the plaintiffs. Both defences of 'voluntary payment' and
'honest receipt' were rejected.
<== Previous message Back to index Next message ==>
»
»
»
»
| For
editorial policy, see here. For the unedited archive, see here. The archive editor is Steve Hedley. |
