The High Court’s decision in Mann v Paterson (2019) 267 CLR 560 resolved fundamental questions concerning the relationship between the law of contact and the law of restitution in Australia. In addition to dispensing with the “recission fallacy” (at [8]) a plurality of the court cited decisions of superior courts to the effect that the law of restitution should yield

In Building Corporation WA Pty Ltd v Marshall (No 2) [2022] WASC 140, the Court held that clients who had contracted with a luxury home builder to prepare a “Design Concept Plan” did not have an implied licence to use the design prepared. Facts The clients entered into a “Contour Survey and Conceptual Design Agreement” with the

[Note: this is an extended version of an MTECC News Article by Dr Richard Manly QC published on 30 May 2022]   The proper approach to the question of the credibility of a witness has been canvassed from time to time. [1] However, it must be appreciated there is a distinction between issues of credit

In The Owners – Strata Plan 87265 v Saaib [2022] NSWCA 63 the New South Wales Court of Appeal had to grapple with the inferences that could be drawn from circumstantial evidence, the use of “tendency evidence” and the failure of the respondent Mr Saaib, a licensed builder, to call his nephew, Mr Zaatini, an alleged

Successful rectification claims include those where the proposed rectification aligns with the commercial reality of the transaction and contemporaneous written records of associated negotiations. Facts The plaintiff (“MPGI”) and the defendant (“Knight 43”) were involved in the development of two luxury apartments. MPGI was an investment vehicle established by Mr Pelchen. Knight 43’s sole director

Over the last two years, we have moved to take evidence and conduct hearings by video-conferencing platforms as a consequence of the COVID-19 pandemic. Anecdotally, it seems many participants to litigation have simply moved across to video-conferencing and allowed their witnesses to give evidence other than in the jurisdiction of the court or tribunal. Two