Pavey & Matthews Pty Ltd v Paul
| Jurisdiction | Australia Federal only |
| Neutral Citation | [1987] HCA 5,1987-0304 HCA B |
| Date | 1987 |
| Year | 1987 |
| Court | High Court |
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188 cases
- Sci Operations Pty Ltd v Commonwealth Commissioner of Taxation
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Equuscorp Pty Ltd v Haxton
...to be thought of as resting upon an implied contract. The implied contract theory was rejected in Australia by this Court in Pavey & Matthews Pty Ltd v Paul 40 as ‘but a reflection of the influence of discarded fictions’ 41. It was rejected in England in Westdeutsche Landesbank Girozentrale......
- McCARTHY v McINTYRE
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3 firm's commentaries
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Construction & Insfrastructure - What's News? - 1 February 2012
...– where total failure of consideration BUILDING DISPUTE – costs where party successful in claim made Pavey v Matthews Pty Ltd v Paul (1987) 162 CLR 221 ANZ Banking Group Limited v Westpac Banking Corp (1988) 164 CLR 662 Queensland Building Services Authority v Battaglia Industries Pty Ltd [......
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High Court clarifies what builders can recover after terminating a contract for repudiation
...Restitution law as a gap-filling and supplementary role The High Court referred to the long-standing decision of Pavey v Matthews (1987) 162 CLR 221, noting that where is a valid enforceable contract governing a party's right to compensation, there is neither occasion nor legal justificatio......
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Contract Defeats Unjust Enrichment Claim
...present their evidence. Footnotes 1 Pan Ocean Shipping Co Ltd v Creditcorp Ltd [1994] 1 All ER 470 at 475. 2 (1886) 34 Ch D 234 at 248. 3 [1987] HCA 5. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your spe......
8 books & journal articles
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Contract formation
...and the owner accedes to that demand and agrees 473 Fablo Pty Ltd v Bloore [1983] 1 Qd R 107; Pohlmann v Harrison [1995] 2 Qd R 59. 474 (1987) 162 CLR 221. 475 Scilicet the Builders Licensing Act 1971 (NSW), which is now superseded by the Home Building Act 1989 (NSW). 476 Pavey & Matthews P......
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Statutory regulation of work
...other cases, Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd (1976) 135 CLR 616 and Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221. here are also restrictions in certain jurisdictions on persons who may be associated with a licensed contractor. For example, under Parts 3A......
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The Rise and Fall of the Mistake of Law Rule
...[1913] 1 Ch 127, at 140. 6 [1923] 1 KB 504, at 513. 65 (1995) 54 CJ 578. [1996] 1 IR 468; [1996] 2 ILRM 547 (SC). 67 Ibid., at 558. 68 (1987) 162 CLR 221. 2000] The Mistake of Law Rule contract. 69 The contract was rendered unenforceable by virtue of section 45 of the Builders Licensing Act......
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Restatement (Third) of Restitution and Unjust Enrichment, vols.1-2.
...(2008) 74 NSWLR 77, 85 [42], 86-7 [48]-[53] (Hoeben J). (76) Cooke v Dunn (1998) 9 BPR [paragraph]16 489, 16 510-13 (Santow J). (77) (1987) 162 CLR 221. (78) (1995) 184 CLR 538. See also Ben Kremer, 'Recovering Money Paid under Void Contracts: "Absence of Consideration" and Failure of Consi......
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