=============================================================== ========== Date: Wed, 5 Oct 2005 12:59:43 +1000 Reply-To: Jonathon Moore Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Jonathon Moore Subject: Recipient liability in the NSW CA MIME-Version: 1.0 Content-Type: text/plain; format=flowed; charset="iso-8859-1"; reply-type=response Content-Transfer-Encoding: 7bit On 15 September 2005 the New South Wales CA (Mason P Giles JA Tobias JA) delivered its judgment in Say-Dee Pty Ltd v Farah Constructions Pty Ltd [2005] NSWCA 309 - http://www.austlii.edu.au/au/cases/nsw/NSWCA/2005/309.rtf The Court adopted Professor Birks' approach to "knowing receipt" - namely, that it is a claim of strict liability in unjust enrichment subject to defences. At [232] Tobias JA (with whom Mason P and Giles JA agreed) said: But in the absence of any High Court authority to the contrary, I see no reason why the proverbial bullet should not be bitten by this Court in favour of the Birks/Hansen approach. In my opinion there is support for the adoption of the restitutionary approach in Lipkin in the House of Lords and in the exposition on the subject by Hansen J in Koorootang at 99-105. Jonathon Moore =================== JONATHON MOORE Barrister, Victorian Bar jpmoore@vicbar.com.au Chambers: Room 26, 16th floor Owen Dixon Chambers West Phone: 03 - 9225 8946 Fax: 03 - 9225 6221 Mobile: 0401 712 737 Clerk and Mail: C/- Clerk Dever 205 William Street Melbourne, Victoria, 3000 DX 96, Melbourne Clerk's phone: 03 - 9225 7999 ____________________________________________________________________ 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, . =============================================================== ========== Date: Wed, 5 Oct 2005 08:55:47 +0100 Reply-To: Charles Mitchell Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Charles Mitchell Subject: Say-Dee Pty Ltd v Farah Constructions Pty Ltd MIME-Version: 1.0 Content-Type: text/plain; charset=ISO-8859-1 Content-Transfer-Encoding: 8bit Further to Jonathon's posting, Tobias JA in fact goes even further, holding in the next para [233] that: On the foregoing basis, Mrs Elias and the two children are liable to account for any profit or benefit they derived from the acquisition of their respective interests in No. 15 as a result of Mr Elias' and Farah's breach of their fiduciary duties. They hold those interests on constructive trust for the joint venture. In other words he holds that the recipients of misdirected trust property not only owe a strict personal liability in UE to make restitution of the value of the property, but also hold the assets on trust even though their consciences are unaffected by knowledge of the trustee's breach. This then leads him to conclude that they must be strictly liable to account for all the profits deriving from the property, a conclusion which requires us to take an expansive view of the 'at the expense of' requirement, and which opens up the whole question of whether D should have to disgorge secondary profits to C where he has done nothing wrong. Charles -- Charles Mitchell charles.mitchell@kcl.ac.uk ____________________________________________________________________ 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, . =============================================================== ========== Date: Mon, 10 Oct 2005 12:55:39 +0000 Reply-To: James Edelman Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: James Edelman Subject: passing on In-Reply-To: <5.1.0.14.2.20050608142302.01290fc8@pop1.kcl.ac.uk> Mime-Version: 1.0 Content-Type: text/plain; format=flowed On 20 May 2005, the Full Federal Court of Australia in Avon Products Pty Limited v Commissioner of Taxation [2005] FCAFC 63, examined the meaning of 'passing on' in Commonwealth Sales Tax legislation. The Full Court, by majority, found for the Revenue. Last Friday the High Court granted Avon special leave to appeal. http://www.hcourt.gov.au/registry/slresults/07-10-05%20Sydney%20B.htm ____________________________________________________________________ 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, . =============================================================== ========== Date: Tue, 18 Oct 2005 09:20:40 -0400 Reply-To: "lionel.smith" Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: "lionel.smith" Subject: Web Journal of Current Legal Issues - Book reviews In-Reply-To: <37E80E80B681A24B8F768D607373CA8001A39C44@largo.campus.ncl.ac.uk> Mime-version: 1.0 Content-type: text/plain; charset="US-ASCII" Content-transfer-encoding: 7bit I forward this from the Web JCLI list. Lionel ------ Forwarded Message From: Bruce Grant Reply-To: Bruce Grant Date: Tue, 18 Oct 2005 11:46:52 +0100 To: Subject: [WEBJCLI-NEWS] Web Journal of Current Legal Issues - Book reviews Hello all The Journal is looking for book reviews and so if anyone has spotted a recently published book that they would like to review for the journal, please let me know and I will try to arrange a copy to be sent your way. Reviews should be a minimum of 2,000 words in length. For further information please see the guidelines on submission on at http://webjcli.ncl.ac.uk/admin/info.html. Please note that reviewers are not paid, but the reviewer is able to keep the copy of the book. Please support the Web Journal of Current Legal Issues in this way. Regards Karen Book Review Editor klhulm@essex.ac.uk ------ End of Forwarded Message ____________________________________________________________________ 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, . =============================================================== ========== Date: Wed, 26 Oct 2005 11:22:50 +0100 Reply-To: Charles Mitchell Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Charles Mitchell Comments: cc: obligations@uwo.ca Mime-Version: 1.0 Content-Type: multipart/alternative; boundary="=====================_807663578==_.ALT" --=====================_807663578==_.ALT Content-Type: text/plain; charset="us-ascii"; format=flowed I am forwarding this message to RDG and ODG in case members of the two groups have any bright ideas which they might like to share with Ms Burnett. CM >Date: Wed, 26 Oct 2005 09:54:08 +0100 >From: Ann Priestley >Subject: [UKCLE] BAILII Open Law Project - request for assistance >Reply-To: Ann Priestley >** posted on behalf of Jenny Burnett, BAILII Open Law Project Officer >** Dear Colleague, I'm writing to you to ask for your help with a new >project which aims to digitise core legal judgments and law reports and >for the first time make them freely and openly available on the >internet. >As you may be aware the British and Irish Legal Information Institute >(BAILII) provides access to the most comprehensive set of British and >Irish primary legal materials that are available for free and in one >place on the internet. The usefulness of BAILII will be greatly >enhanced if BAILII is able to provide not only copies of judgments in >cases decided in the last 10 years since our inception, but also many >important judgments in older cases. An improved database will enable >students to access cases and legislation directly via links from your >electronic reading lists and course materials and to use BAILII's >hyperlinking between cases and legislation. BAILII's structure means >that it will be fully searchable by the portal software being >introduced by university and college libraries providing a seamless >interface to all resources, regardless of format. >What is the Open Law Project? >BAILII, in partnership with JISC (Joint Information Systems Committee) >has established the Open Law Project which aims to digitise and make >available online judgments from the past. Because the specific aim of >the Open Law Project is to support teaching and learning in law courses >at Universities and Further Education Colleges we are seeking your >advice and support in compiling the lists of cases which will >eventually comprise the database. >To make this facility work for you we need you to recommend to us which >judgments would be most useful to you in delivering your courses. >Which subject areas are covered? >Initially we will focus on the following core areas of law: >* Criminal law >* Constitutional law >* Contract >* Tort >* Property/Land law >* Trusts >* Family law >We intend dealing with other important areas later during the project, >so we are happy to receive submissions for areas such as Company law, >Employment law, Consumer law, Competition law, Intellectual Property, >Human Rights, Legal History and so on. >How to submit your recommendations >Send us any material which will help us identify which cases are most >useful in your teaching: >* lists of cases you have created yourself >* copies of your reading lists >* lecture notes >* links to material you may have loaded onto virtual classrooms using >WebCT, Blackboard or your own website for example. >It will help us if for each case you could identify in a word or two >the specific topic the case is concerned with (e.g. for a criminal >case, "Murder" or "Theft"), as we plan to have a web page which lists >the cases and the topics they deal with. >The materials you send us will be processed to extract the cases you >cite. Only the project team will have access to these and they will be >held in confidence and not used for any other purpose. >Please send your submissions to me by post to the address below or by >attachment to: >OpenLaw@bailii.org >Please enter the subject area i.e. contract, tort etc. in the subject >field of your email. If making recommendations for multiple subject >areas please use a separate email for each or attach separate, named >documents. >Many thanks for your time and interest, your input is appreciated. >If you have any enquiries please contact me (see details below). >I look forward to hearing from you . > >Jenny Burnett >BAILII Open Law Project Officer >Tel: +44 (0) 20 7862 5852 >jennifer.burnett@sas.ac.uk >http://www.bailii.org >Institute of Advanced Legal Studies >University of London >17 Russell Square >London >WC1B 5DR ____________________________________________________________________ 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, . --=====================_807663578==_.ALT Content-Type: text/html; charset="us-ascii" I am forwarding this message to RDG and ODG in case members of the two groups have any bright ideas which they might like to share with Ms Burnett.  CM

Date: Wed, 26 Oct 2005 09:54:08 +0100
From: Ann Priestley <Ann.Priestley@WARWICK.AC.UK>
Subject: [UKCLE] BAILII Open Law Project - request for assistance
Reply-To: Ann Priestley <Ann.Priestley@WARWICK.AC.UK>
** posted on behalf of Jenny Burnett, BAILII Open Law Project Officer **
Dear Colleague,
I'm writing to you to ask for your help with a new project which aims
to digitise core legal judgments and law reports and for the first time
make them freely and openly available on the internet.
As you may be aware the British and Irish Legal Information Institute
(BAILII) provides access to the most comprehensive set of British and
Irish primary legal materials that are available for free and in one
place on the internet. The usefulness of BAILII will be greatly
enhanced if BAILII is able to provide not only copies of judgments in
cases decided in the last 10 years since our inception, but also many
important judgments in older cases. An improved database will enable
students to access cases and legislation directly via links from your
electronic reading lists and course materials and to use BAILII's
hyperlinking between cases and legislation. BAILII's structure means
that it will be fully searchable by the portal software being
introduced by university and college libraries providing a seamless
interface to all resources, regardless of format.
What is the Open Law Project?
BAILII, in partnership with JISC (Joint Information Systems Committee)
has established the Open Law Project which aims to digitise and make
available online judgments from the past. Because the specific aim of
the Open Law Project is to support teaching and learning in law courses
at Universities and Further Education Colleges we are seeking your
advice and support in compiling the lists of cases which will
eventually comprise the database.
To make this facility work for you we need you to recommend to us which
judgments would be most useful to you in delivering your courses.
Which subject areas are covered?
Initially we will focus on the following core areas of law:
* Criminal law
* Constitutional law
* Contract
* Tort
* Property/Land law
* Trusts
* Family law
We intend dealing with other important areas later during the project,
so we are happy to receive submissions for areas such as Company law,
Employment law, Consumer law, Competition law, Intellectual Property,
Human Rights, Legal History and so on.
How to submit your recommendations
Send us any material which will help us identify which cases are most
useful in your teaching:
* lists of cases you have created yourself
* copies of your reading lists
* lecture notes
* links to material you may have loaded onto virtual classrooms
using WebCT, Blackboard or your own website for example.
It will help us if for each case you could identify in a word or two
the specific topic the case is concerned with (e.g. for a criminal
case, "Murder" or "Theft"), as we plan to have a web page which lists
the cases and the topics they deal with.
The materials you send us will be processed to extract the cases you
cite. Only the project team will have access to these and they will be
held in confidence and not used for any other purpose.
Please send your submissions to me by post to the address below or by
attachment to:
OpenLaw@bailii.org
Please enter the subject area i.e. contract, tort etc. in the subject
field of your email. If making recommendations for multiple subject
areas please use a separate email for each or attach separate, named
documents.
Many thanks for your time and interest, your input is appreciated.
If you have any enquiries please contact me (see details below).
I look forward to hearing from you .

Jenny Burnett
BAILII Open Law Project Officer
Tel: +44 (0) 20 7862 5852
jennifer.burnett@sas.ac.uk
http://www.bailii.org
Institute of Advanced Legal Studies
University of London
17 Russell Square
London
WC1B 5DR
____________________________________________________________________ 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 <listserv@lists.mcgill.ca>. To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to <enrichment@lists.mcgill.ca>. The list is run by Lionel Smith of McGill University, <lionel.smith@mcgill.ca>. --=====================_807663578==_.ALT--