Unjust Enrichment in Australia 2020-2021

Abstract

This review contains a summary and commentary upon developments in the law of unjust enrichment law in Australia in the year 2020-2021. The period covered does not feature any decisions handed down by the High Court of Australia, but decisions of particular note reported include: Chan v Eastern Blue Pty Ltd [2021] VSCA 121 (total failure of consideration); Boulos Holdings Pty Ltd v Edwin Davey Pty Ltd [2021] NSWSC 689 (free acceptance); Prygodicz v Commonwealth of Australia (No 2) [2021] FCA 634 (approved settlement of a Woolwich-style claim in respect of ultra vires social security debts gathered by an automated Commonwealth system known pejoratively as 'robodebt'); Roude v Helwani [2020] NSWCA 310 (evidence needed to support the calculation of a reasonable quantum meruit); Sydney Local Health District v Macquarie International Health Clinic Pty Ltd [2020] NSWCA 274 (mesne profits for trespass) and Zibara v Ultra Management (Sports) Pty Ltd [2021] FCAFC 4 (on the proper pleading of cases of knowing assistance in a dishonest and fraudulent design).

Keywords: restitution; unjust enrichment; mesne profits; australia; Prygodicz; Woolwich; quantum meruit; free acceptance