Dickinson v Crisp [2008] NSWDC 296

New South Wales District Court

CITATION: Dickinson v Crisp [2008] NSWDC 296

HEARING DATE(S): 9-10 December 2008

JUDGMENT DATE: 11 December 2008

JURISDICTION: Civil

JUDGMENT OF: Murrell SC DCJ

DECISION: Judgment for the plaintiff

CATCHWORDS: CONTRACTS - general contractual principles - collateral contract - RESTITUTION - mistake: restitution arising from a plaintiff's mistaken actions - recovery of money paid under mistake - Unjust enrichment

Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 Empirnall Holdings Pty Ltd v Machon Paul Partners Pty Ltd (1988) 14 NSWLR 523 CASES CITED: Equuscorp Pty Ltd v Glengallen Investments Pty Ltd Pty Ltd v [2004] HCA 55 Jones v Dunkel (1959) 101 CLR 298 Milliman v Rochester Ry Co 3 App Div 109; 39 NYS 274 (1896) Peppers Hotel Management Pty Limited v Hotel Capital Partners Limited [2004] NSWCA 114

TEXTS CITED: Cross On Evidence 7th Aust ed (2004) Restitution Law in Australia, 1st ed (1995)

PARTIES: Stephen Dickinson (Plaintiff) David Crisp (Defendant)

FILE NUMBER(S): 526/08

COUNSEL: Mr N Beaumont (for the plaintiff) Mr D Alexander (for the defendant)

SOLICITORS: Mr P Chamberlain (for the plaintiff) Mr P Karp (for the defendant)

JUDGMENT

The Claim

1. In August 2006, Stephen Dickinson was employed by Darryl Stretton to manage Stretton's caravan park on the south coast of New South Wales. Stretton was friendly with David Crisp, a director of Damac Holdings Pty Ltd. Crisp/Damac owned a South Coast caravan park/resort that had approval for significant redevelopment. Unbeknownst to Dickinson, Stretton was interested in purchasing the resort. Although he hoped to make a huge profit from redeveloping the resort, in July/August 2006 Crisp was under financial pressure. Stretton proposed that Dickinson make a short-term loan of $100,000 to his "mate", Crisp.