Recent Cases

Coshott Family Pty Ltd v Lyons [2022] NSWCA 216 (27 October 2022) (Meagher and Kirk JJA, Griffiths AJA)


RESTITUTION — Nature of restitutionary liability — Common counts — Money had and received to the use of the plaintiff — Onus of proof — Money paid by plaintiff to defendant to hold subject to further directions — Where plaintiff requested repayment — Where defendant said funds were paid out pursuant to plaintiff’s directions — Whether plaintiff required to prove payments were made without authority