Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shaw Building Group Pty Ltd v Narayan (No 2) [2015] FCA 585 Citation: Shaw Building Group Pty Ltd v Narayan (No 2) [2015] FCA 585
Parties: SHAW BUILDING GROUP PTY LTD (ACN 096 942 077; ABN 54 096 942 077) (FORMERLY G.E. SHAW & ASSOCIATES (ACT) PTY LTD) v ADI NARAYAN
File number: ACD 75 of 2012
Judge: FOSTER J
Date of judgment: 12 June 2015
Catchwords: RESTITUTION – discussion of principles for quantifying the applicant's claim for money had and received against the person who stole those moneys in circumstances where both the thief and his accomplices made repayments over time to the applicant – whether the applicant is entitled to the total amount stolen less amounts repaid by the thief or that amount less also the quantum of the repayments made by the thief's accomplices
Legislation: Civil Law (Wrongs) Act 2002 (ACT), Ch 7A, s 107B Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth), s 51A Federal Court Rules 2011, r 12.01, r 26.01(1)(e)
Cases cited: G.E. Shaw & Associates (ACT) Pty Ltd v Narayan [2014] FCA 435 Bayley & Associates Pty Ltd v DBR Australia Pty Ltd [2013] FCA 1341 Black v S Freedman & Co (1910) 12 CLR 105 EMCL Pty Ltd v Esanda Finance Corp Ltd [1999] FCA 978 GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd (2003) 201 ALR 55 Lipkin Gorman (A Firm) v Karpnale Ltd [1991] 2 AC 548
Date of hearing: 4 July 2014, 1 August 2014, 10 October 2014 and thereafter on the papers
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