Interjet Pty Limited v James Charles Black [2006] NSWDC 136

New South Wales District Court

CITATION: Interjet Pty Limited v James Charles Black [2006] NSWDC 136

HEARING DATE(S): Wednesday 6 December 2006

JUDGMENT DATE: 11 December 2006

JUDGMENT OF: Rolfe DCJ

DECISION: 1. Verdict and Judgment in favour of the defendants.; 2. Costs should follow the event on the ordinary basis but I will entertain submissions if there is a good reason to do so.; 3. I direct that the exhibits be returned.

CATCHWORDS: Claim for Restitution based on Unjust Enrichment said to have arisen out of mistaken payment by plaintiff into defendants' bank account. - Alleged mistake was a belief that the defendants' account was a trust account. - Held that plaintiff had given specific instructions to deposit funds into defendants' account, that there was no evidence the account was a trust account and that the plaintiff had deposited the money in the account on behalf of a third party who was indebted to the defendants. - Held that the plaintiff had allowed the third party to discharge his debt to the defendants and therefore no mistake had been made by the plaintiff in making the payment into defendants' account. - Plaintiff's claim therefore fails.

David Securities Pty Limited v Commonwealth Bank of Australia (1991-92) 175 CLR 353 Lipkin Gorman v Karpvale (1991) 2ALR 548 CASES CITED: Commercial Bank of Australia v Younis (1979) 1NSWLR 444 Jones v Dunkel (1959) 101 CLR 298 Porter v Latec Finance (Qld) Pty Ltd (1964) 111 CLR 177

PARTIES: Interjet Pty Limited (Plaintiff) James Charles Black & Anor (Defendants)

FILE NUMBER(S): 2261/05

COUNSEL: T A Alexis SC with H Woods (Plaintiff) G D Sirtes (Defendants)