Unjust Enrichment in Australia 2021-2022

Abstract

This review contains a summary and commentary upon developments in the law of unjust enrichment law in Australia in the year 2021-2022. The period covered does not feature any decisions handed down by the High Court of Australia, but appellate decisions of particular note reported include: Redland City Council v Kozik [2022] QCA 158 (currently on appeal before the High Court of Australia - good consideration, but also potentially raising the status of Woolwich claims against government in Australian law); Fazzini Pty Ltd v Amaca Pty Ltd [2021] NSWCA 313 (contribution); Great Northern Developments Pty Ltd v Lane [2021] NSWCA 150 (total failure of consideration- subsidiarity); King & Anor v Fister & Anor [2022] QCA 47 (failed joint endeavour constructive trust); Li v Liu [2022] NSWCA 67 (defences of illegality, payment over); Miraki v Griffith [2021] NSWCA 263 (enrichment, defence of payment over); Trimat Holdings Pty Ltd v Investment Club Pty Ltd [2022] WASCA 29 (mistaken payments - defence of good consideration) ;Turner v O’Bryan-Turner [2022] NSWCA 23 (misdirected assets knowing receipt, constructive trusts and indefeasibility of registered title); Twigg v Twigg [2022] NSWCA 68 (misdirected assets, rescission, tracing and limitation).

Keywords: unjust enrichment, restitution, account, profits, quantum meruit, rescission