========================================================================= Date: Thu, 6 Jun 2002 13:11:38 +0100 Reply-To: Andrew Tettenborn Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Andrew Tettenborn Subject: quantum meruit - sed quantum meruisti? Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" A nice decision of Jacob J on how you quantify a quantum meruit claim. Software developers want to crash the Japanese market; they provisionally agree with a Japanese concern for the provision of help. But no contract re scale of remuneration. The Japanese do a certain amount of work making software Nippon-friendly, and then software house unexpectedly get the big break with Hitachi. Software house is happy to pay for work actually done at the usual rates; Japanese want a share in the success of the big break. Jacob J decides for the Japanese concern - though as regards the actual amount, he says this all depends, & recommends a first class mediator (!). See Vedatech v Crystal Decisions [2002] EWHC 818 (Ch), ChD 21.v.02. Andrew Andrew Tettenborn MA LLB Bracton Professor of Law Tel: 01392-263189 / +44-392-263189 (international) Mobile: 07813-478102 Fax: 01392-263196 / +44-392-263196 (international) Snailmail: School of Law, University of Exeter, Amory Building, Rennes Drive, Exeter EX4 4RJ England [ Homepage: http://www.ex.ac.uk/law/ ]. ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email . ========================================================================= Date: Fri, 7 Jun 2002 16:29:26 +1000 Reply-To: James Douglas Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: James Douglas Subject: Port of Brisbane Corp v ANZ Securities Comments: To: Philip McMurdo QC , Tim North SC Mime-version: 1.0 Content-type: multipart/alternative; boundary="B_3106312168_6494205" > This message is in MIME format. Since your mail reader does not understand this format, some or all of this message may not be legible. --B_3106312168_6494205 Content-type: text/plain; charset="ISO-8859-1" Content-transfer-encoding: quoted-printable The Queensland Court of Appeal has recently allowed an appeal from a decision the details of which I posted to this group some months ago. It deals with resulting trusts and whether a restitutionary remedy is availabl= e where money is paid to an agent then paid out on instructions, whether the defence of change of position is available and whether in paying the money out the agent was acting to its detriment =B3on the faith of the receipt=B2. The judgment can be found at: http://www.courts.qld.gov.au/qjudgment/ca02_151.htm It=B9s in a pdf file under the name: Port of Brisbane Corp v. ANZ Securities [2002] QCA 158 (01/1159) (McPherson JA Davies JA Mullins J 10/05/2002 18 pages) It deals with the following decisions: Australia and New Zealand Banking Corporation v Westpac Banking Corporation (1988) 164 CLR 662, applied Barnes v Addy (1874) 9 Ch App 386, applied Baylis v Bishop of London [1913] 1 Ch 127, considered Black v Freedman (1910) 12 CLR 105, applied Consul Development Pty Limited v DPC Estates Pty Ltd (1975) 132 CLR 373, applied Currie v Misa (1875) LR 10 Ex D 153, applied Daly v Sydney Stock Exchange (1986) 160 CLR 371, followed David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353, followed James v Oxley (1939) 61 CLR 433, distinguished Lipkin Gorman v Karpnale Ltd [1991] 2 AC 548, applied Lurgi (Australia) Pty Ltd v Sandess Pty Ltd [2000] VSC 278, applied Moses v Macferlan (1770) 2 Burr 1005, considered Parsons v The Queen (1999) 195 CLR 615, considered Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 32, considered Perel v Australian Bank of Commerce (1923) 24 SR (NSW 62, considered Pollard v Bank of England (1871) LR 6 QB 623, applied R v Vinogradoff [1935] WN 68, applied Sinclair v Brougham [1914] AC 398, considered State Bank of New South Wales Ltd v Swiss Bank Corporation (1995) 39 NSWLR 350, distinguished Tresize v National Australia Bank Ltd (1994) 30 FCR 134, applied United States Surgical Corporation v Hospital Products International Pty Ltd [1983] 2 NSWLR 157, applied Westdeutsche Bank v Islington Local Borough Council [1996] AC 669, distinguished --=20 Kind regards, James Douglas QC --B_3106312168_6494205 Content-type: text/html; charset="ISO-8859-1" Content-transfer-encoding: quoted-printable Port of Brisbane Corp v ANZ Securities The Queensland Court of Appeal has recently allowed an= appeal from a decision the details of which I posted to this group some mon= ths ago. It deals with resulting trusts and whether a restitutionary remedy = is available where money is paid to an agent then paid out on instructions, = whether the defence of change of position is available and whether in paying= the money out the agent was acting to its detriment “on the faith of = the receipt”.

The judgment can be found at:

http://www.courts.qld.gov.au/qjudgment/ca02_151.htm

It’s in a pdf file under the name:

Port of Brisbane Corp v. ANZ Securities [2002] QCA 158 (01/1159) (McPherson= JA Davies JA Mullins J 10/05/2002 18 pages)

It deals with the following decisions:

Australia and New Zealand Banking Corporation= v Westpac
Banking Corporation (1988) 164 CLR 662, applied
Barnes v Addy (1874) 9 Ch App 386, applied
Baylis v Bishop of London [1913] 1 Ch 127, considered
Black v Freedman (1910) 12 CLR 105, applied
Consul Development Pty Limited v DPC Estates Pty Ltd
(1975) 132 CLR 373, applied
Currie v Misa (1875) LR 10 Ex D 153, applied
Daly v Sydney Stock Exchange (1986) 160 CLR 371,
followed
David Securities Pty Ltd v Commonwealth Bank of Australia
(1992) 175 CLR 353, followed
James v Oxley (1939) 61 CLR 433, distinguished
Lipkin Gorman v Karpnale Ltd [1991] 2 AC 548, applied
Lurgi (Australia) Pty Ltd v Sandess Pty Ltd [2000] VSC 278,
applied
Moses v Macferlan (1770) 2 Burr 1005, considered
Parsons v The Queen (1999) 195 CLR 615, considered
Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 32,
considered
Perel v Australian Bank of Commerce (1923) 24 SR (NSW
62, considered
Pollard v Bank of England (1871) LR 6 QB 623, applied
R v Vinogradoff [1935] WN 68, applied
Sinclair v Brougham [1914] AC 398, considered
State Bank of New South Wales Ltd v Swiss Bank Corporation
(1995) 39 NSWLR 350, distinguished
Tresize v National Australia Bank Ltd (1994) 30 FCR 134,
applied
United States Surgical Corporation v Hospital Products
International Pty Ltd [1983] 2 NSWLR 157, applied
Westdeutsche Bank v Islington Local Borough Council
[1996] AC 669, distinguished
--
Kind regards,

James Douglas QC
 --B_3106312168_6494205-- ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email . ========================================================================= Date: Tue, 18 Jun 2002 13:32:03 -0400 Reply-To: Jason Neyers Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Jason Neyers Organization: University of Western Ontario Subject: Obligations Discussion Group MIME-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Dear Colleagues, I have recently created the Obligations Discussion Group to discuss issues relating to contract, tort, and other civil wrongs from an international perspective. Should you wish to be part of the discussion group please send a message to: obligations-request@uwo.ca. Kind Regards, -- Jason Neyers Assistant Professor of Law Faculty of Law University of Western Ontario N6A 3K7 (519) 661-2111 x. 88435 ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email . ========================================================================= Date: Fri, 21 Jun 2002 15:52:04 +0100 Reply-To: Francis Rose Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Francis Rose Subject: Re: Obligations Discussion Group Comments: To: Jason Neyers MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Please add me to the group. I hope that it will avoid Restitution. The RDG is firmly established as the home for this and it will make life more, rather than less, difficult if we have rivalry and duplication. Francis Rose University of Bristol -----Original Message----- From: Jason Neyers To: ENRICHMENT@LISTS.MCGILL.CA Sent: 6/18/02 6:32 PM Subject: [RDG:] Obligations Discussion Group Dear Colleagues, I have recently created the Obligations Discussion Group to discuss issues relating to contract, tort, and other civil wrongs from an international perspective. Should you wish to be part of the discussion group please send a message to: obligations-request@uwo.ca. Kind Regards, -- Jason Neyers Assistant Professor of Law Faculty of Law University of Western Ontario N6A 3K7 (519) 661-2111 x. 88435 ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email . ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email . ========================================================================= Date: Mon, 24 Jun 2002 16:35:26 +0100 Reply-To: john.blackie@strath.ac.uk Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: John Blackie Subject: Re: Obligations Discussion Group Comments: To: Francis Rose In-Reply-To: <6B4ACB705EAED31187A7009027D5FD690221769C@gila.buckingham.ac.uk> MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 7bit Can you add me to it? I agree with Francis Rose that it would be a pity if it were to cover restituion/unjustifed enrichment. The Restitution Discussion Group provides a really good service on that area. John Blackie -----Original Message----- From: Enrichment - Restitution & Unjust Enrichment Legal Issues [mailto:ENRICHMENT@LISTS.MCGILL.CA]On Behalf Of Francis Rose Sent: 21 June 2002 15:52 To: ENRICHMENT@LISTS.MCGILL.CA Subject: Re: [RDG:] Obligations Discussion Group Please add me to the group. I hope that it will avoid Restitution. The RDG is firmly established as the home for this and it will make life more, rather than less, difficult if we have rivalry and duplication. Francis Rose University of Bristol -----Original Message----- From: Jason Neyers To: ENRICHMENT@LISTS.MCGILL.CA Sent: 6/18/02 6:32 PM Subject: [RDG:] Obligations Discussion Group Dear Colleagues, I have recently created the Obligations Discussion Group to discuss issues relating to contract, tort, and other civil wrongs from an international perspective. Should you wish to be part of the discussion group please send a message to: obligations-request@uwo.ca. Kind Regards, -- Jason Neyers Assistant Professor of Law Faculty of Law University of Western Ontario N6A 3K7 (519) 661-2111 x. 88435 ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email . ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email . ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email . ========================================================================= Date: Mon, 24 Jun 2002 20:36:01 +0000 Reply-To: Law Student Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Law Student Subject: From Mime-Version: 1.0 Content-Type: text/plain; format=flowed is it possible that mailings be from ENRICHMENT@LISTS.MCGILL.CA instead of the member sender? the reason i request this is members' addresses are not not in my address book where as ENRICHMENT@LISTS.MCGILL.CA is. as such members' message goes to junk mail box. thanks. sushil >From: Francis Rose >Reply-To: Francis Rose >To: ENRICHMENT@LISTS.MCGILL.CA >Subject: Re: [RDG:] Obligations Discussion Group >Date: Fri, 21 Jun 2002 15:52:04 +0100 > >Please add me to the group. I hope that it will avoid Restitution. The RDG >is firmly established as the home for this and it will make life more, >rather than less, difficult if we have rivalry and duplication. > > Francis Rose > University of Bristol > > > > > > >-----Original Message----- >From: Jason Neyers >To: ENRICHMENT@LISTS.MCGILL.CA >Sent: 6/18/02 6:32 PM >Subject: [RDG:] Obligations Discussion Group > >Dear Colleagues, > >I have recently created the Obligations Discussion Group to discuss >issues relating to contract, tort, and other civil wrongs from an >international perspective. > >Should you wish to be part of the discussion group please send a message >to: obligations-request@uwo.ca. > >Kind Regards, > >-- >Jason Neyers >Assistant Professor of Law >Faculty of Law >University of Western Ontario >N6A 3K7 >(519) 661-2111 x. 88435 > >____________________________________________________________________ > This message was delivered through the Restitution Discussion Group, > an international internet LISTSERV devoted to all aspects of the law > of unjust enrichment. To subscribe, send "subscribe enrichment" in > the body of a message to . To unsubscribe, > send "signoff enrichment" to the same address. To make a posting to > all group members, send to . The list is > run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email > . > >____________________________________________________________________ > This message was delivered through the Restitution Discussion Group, > an international internet LISTSERV devoted to all aspects of the law > of unjust enrichment. To subscribe, send "subscribe enrichment" in > the body of a message to . To unsubscribe, > send "signoff enrichment" to the same address. To make a posting to > all group members, send to . The list is > run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email > . _________________________________________________________________ MSN Photos is the easiest way to share and print your photos: http://photos.msn.com/support/worldwide.aspx ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email .