Australian Restitution Law by Sharon Erbacher

By Sharon Erbacher

This booklet is the 1st casebook on restitution legislation to be released in Australia. It includes entire extracts from the main major Australian and English situations, including a few Canadian instances which point out the potential path which Australian legislation will take.

The writer has integrated enormous commentaries following the extracts, in an effort to additional clarify the selections from in a foreign country jurisdictions, to put these judgements in an Australian context.

In the decade, there was an important variety of Australian judgements which care for very important strategies in restitution, and which complement, qualify or refine the English legislation of restitution.

The concentration during this ebook at the Australian place makes it a useful source for a person who's learning or getting to know restitution legislations in Australia.

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334 Torrens Aloha Pty Ltd v Citibank NA (1997) 144 ALR 89 . . . . . . . 32, 666, 670–72 Towers v Barrett (1786) 1 TR 133; 99 ER 1014 . . . . . . . . . . . . . . . . . 279 Tradebanc International Pty Ltd v Balsdon (1996) unreported, 25 June, FC (Aust) . . . . . . . . . . . . . . . . . . . 297 Traherne v Gardner (1856) 5 E & B 913; 119 ER 721 . . . . . . . . . . . . . . 443 Transvaal v Delagoa Investment Co Ltd [1944] 1 All ER 579 .

65 Rugg v Minett (1809) 11 East 210 . . . . . . . . . . . . . . . . 272, 277, 348, 351 Rural Municipality of Storthoaks v Mobil Oil Canada Ltd (1975) 55 DLR (3rd) 1 . . . . . . . . . . . . . . . . . . . 593, 610 Ruxley Electronics and Construction Ltd v Forsyth [1996] AC 344 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 547 Sabemo Pty Ltd v North Sydney Municipal Council [1977] 2 NSWLR 880, SC (NSW) .

6 Minister for Public Works v Renard Constructions (ME) Pty Ltd (1989) unreported, 15 February, SC (NSW) . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Ministry of Agriculture and Fisheries v Matthews [1950] 1 KB 148; [1949] 2 All ER 724 . . . . . . . . . . . . . . . . . . . . 620 Ministry of Defence v Ashman [1993] 2 EGLR 102, CA (UK) . . . 506, 509, 518, 521–26 xxxiii Restitution Law Ministry of Defence v Thompson [1993] 2 EGLR 107, CA (UK) .

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