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Category Archives: Restitution

High Court Chaplaincy case and government contracting

Just a few days ago, the High Court handed down a decision in Williams v Commonwealth of Australia [2012] HCA 23 in which the Commonwealth government’s school chaplaincy program was found to be invalid because the funding of it was beyond the power conferred by s 61 of the Constitution. However, the chaplaincy program was […]

Restitution and illegality

The High Court has just handed down a case dealing with the question of the availability of an action for money had and received when certain contracts have been found to be unenforceable as a result of illegality: see Equuscorp Pty Ltd v Haxton [2012] HCA 7. Facts: The facts of the case are rather […]

VSC case on restitution and good faith change of position

For those small number of readers who are “restitutionally inclined”, you may be interested to hear of a recent decision of the Victorian Supreme Court concerning the change of position defence in TRA Global Pty Ltd v Kebakoska [2011] VSC 480. The case arose when Ms Kebakoska was made redundant by her employer, TRA Global. […]

Show me the money

The latest news from Banking Mistake Land involves faulty ATMs in Sydney. The ABC reports: Consumer groups are calling on the Commonwealth Bank to explain what went wrong with its ATMs on Tuesday, with a glitch resulting in some customers withdrawing excessive amounts from the machines. Police charged two men in Sydney on Wednesday with […]

First cut is the deepest

In an attempt to drain the pus from the festering debate between science and religion — mainly over things like the teaching of ‘intelligent design’ in US schools — paleontologist Stephen Jay Gould came up with the notion of ‘Non Overlapping Magisteria’. He argued that: The magisterium of science covers the empirical realm: what the Universe is […]

Failure of consideration and food poisoning

Via the Restitution Discussion Group, a fascinating case…this time a celebrity diner who became violently ill after eating a meal at a celebrity restaurant. From The Independent: Boxing TV host Jim Rosenthal lost a legal bout with chef Heston Blumenthal today as a judge ruled he should not be refunded for a £1,300 meal which […]

The Stig’s identity and gain based damages

When I was learning how to drive, my father asked me what kind of car my instructor had. “A white one?” I hazarded. He was just horrified that I had no idea of the make or how many cylinders it had. I’m not a petrol head — cars are simply a tool for getting around […]

Restitution for wrongs and child pornography

A friend alerted to me to an interesting case reported in the New York Times involving monetary restitution to a victim of child pornography  who goes by the pseudonym “Amy”. When she was 8 or 9 years old, Amy’s uncle had filmed her in a series of pornographic photographs known as the “Misty” series. Amy […]