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This is the legal blog of Marc Testart, a member of the Victorian Bar.
Browsing All Posts filed under »Obligations«
Koutsopoulos v Pintusen (No 2) [2011] NSWCA 122 – Election to Rescind Contract: A different approach to Victoria in Umbers v Kelson.
This decision of the NSW Court of Appeal regarding an election to rescind a contract for the sale of land highlights substantial differences in approach between the recent Court of Appeals of Victoria and NSW in respect of the interpretation of notices to rescind. In Koutsopoulos, the NSWCA found in favour of the purchaser because […]
Australian Financial Services & Leasing Pty Ltd v Hills Industries Ltd [2011] NSWSC 267: Restitution lives on in Australia.
June 11, 2011
This decision of Einstein J is an recent example of a successful claim for restitution for unjust enrichment. It also shows the interaction between restitution and equity, in particular knowing receipt, dealing with principles as old as those as in Barnes v Addy (1874) LR 9 Ch App 244; and Briginshaw v Briginshaw (1938) 60 […]
The Australian Law of Restitution: Has the High Court Lost Its Way? By Andrew Burrows
June 11, 2011
For a comprehensive and readily understandable critique and explanation of the current law of restitution in Australia, I recommend starting with this article (found on the internet). Professor Burrows deals with the basics as well as a synopsis and commentary of the three most recent significant High Court Decisions:Roxborough v Rothmans of Pall Mall Ltd (2001) […]
MyLearnedFriends 
June 12, 2011
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