Unjust Enrichment in Australia 2019-2020

Abstract

Annual digest of, and commentary upon, Australian restitution cases. This year’s digest covers a much shorter period than the last – a little less than twelve months. There is just one High Court case (BMW Australia v Brewster [2019] HCA 45). We report it in the main for the dissenting judgment of Edelman J, which contains a careful and discriminating analysis of claims for remuneration in respect of unrequested services. Along with other cases, we also summarise and discuss the complex decision about remedies in respect of misappropriated property in Smith v Leveraged Equities Ltd [2020] WASCA 122; the important decision regarding equitable tracing in Caron v Jahani [2020] NSWCA 117; and, the decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 that is currently the subject of an appeal to the High Court.

Keywords: restitution, unjust enrichment, Australia