Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd
| Jurisdiction | Australia Federal only |
| Judge | French CJ.,Hayne,Crennan,Kiefel,Bell,Gageler,Keane JJ.,Gageler J. |
| Judgment Date | 07 May 2014 |
| Neutral Citation | [2014] HCA 14 |
| Docket Number | S163/2013 |
| Court | High Court |
| Date | 07 May 2014 |
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48 cases
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Banca Intesa Sanpaolo SPA v Comune Di Venezia
...against him.” 418 Finally, in the High Court of Australia in Australian Financial Services and Leasing Pty v Hills Industries Limited [2014] HCA 14, a defence of change of position succeeded because the payment had caused the recipient not to pursue alternative legal rights of uncertain out......
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School Facility Management Ltd v Governing Body of Christ the King College
...editors refer to the decision of the High Court of Australia in Australian Financial Services & Leasing Pty Ltd v Hills Industries Ltd [2014] HCA 14; (2014) 253 C.L.R. 560, [23]–[25] and [95] that a test of “irreversible detriment” should determine whether a defendant's circumstances have c......
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3 firm's commentaries
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Property & Projects - What's News - 2 June 2015
...Bank of Australia [1992] HCA 48; (1992) 175 CLR 353 — Australian Financial Services and Leasing Pty Limited v Hills Industries Limited [2014] HCA 14; (2014) 307 ALR 512. Owners Corporation 2 v MAV Group Pty Ltd (Building and Property) [2015] VCAT 661 Abandonment of application for joinder –......
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Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd
...informing themselves as to the source of payments. Footnotes 1 Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 307 ALR 512; 88 ALJR 552; [2014] HCA 14; BC201403243. 2 Australian Financial Services & Leasing Pty Ltd v Hills Industries Ltd [2011] NSWSC 267;......
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Construction & Infrastructure What's News - 28 March 2017
...(3) fourth defendant liable to restore stolen funds to plaintiffs - Australian Finance Services Leasing Pty Ltd v Hills Industries Ltd [2014] HCA 14; (2014) 253 CLR 560, 568 [1], 593 [66]-[67], 602-3 [97]-[98], 625-6 [157]; Southage Pty Ltd v Vescovi [2015] VSCA 117; (2015) 321 ALR 383, 399......
3 books & journal articles
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The 2017 Winterton Lecture. Sir Owen Dixon Today
...Pilate (1965) 152, 164. 104 (2014) 251 CLR 505, [79]-[86], [90]-[92]; [2014] HCA 19. 105 (2014) 253 CLR 560, [85]-[87], [149]-[151]; [2014] HCA 14. 106 [2016] HCA 26, [139]-[141]. 107 (1939) 63 CLR 649; [1939] HCA 3. 108 (1998) 194 CLR 395, [113]; [1998] HCA v Jones109offers”, and Gaudron, ......
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MORALLY BLAMELESS WRONGDOERS AND THE CHANGE OF POSITION DEFENCE
...of unjust enrichment by subtraction is a matter of contention. In Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd[2014] HCA 14, the Australian High Court favoured a broad conception of the defence and concluded that, in instances where it was difficult to value the ......
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TAKING STOCK OF THE CHANGE OF POSITION DEFENCE
...30[2013] 3 SLR 801 at [170]. 31 Hanoch Dagan, The Law and Ethics of Restitution (Cambridge: Cambridge University Press, 2004) at p 48. 32[2014] HCA 14. 33Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd[2014] HCA 14 at [84]. 34 James Edelman, “Change of Position: A D......