Tag Archives: Restitution

Yes, the law really does abhor a penalty

Sinclair Davidson at Catallaxy has written a post on excessive fees charged by banks, and said this: [The argument that the fees were designed purely to enrich the bank] is a bit hard to take. When you begin a banking relationship you normally sign a contract that includes the fees that you’ll pay for various […]

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 […]

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 […]

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 […]

The spirit is willing but the flesh is weak…

I was at an event for restitution lawyers the other day, when one of the academics present made a good point. She said that she thought restitution lawyers had “tidy minds”. They wanted the law to be tidy. I think she is absolutely correct. The desire is that like cases be treated alike, regardless of […]