NSW Caselaw
New South Wales Supreme Court
CITATION : Glad Cleaning Service Pty Ltd & Anor v Vukelic [2010] NSWSC 422 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 5 February & 22 March 2010
JUDGMENT DATE : 7 May 2010
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
ORDERS: DECISION : 1.There will be judgment for the plaintiffs in the sum of $98,076.48. 2. Ms Vukelic is to pay the plaintiffs' costs of these proceedings, unless Ms Vukelic wishes to advance argument for the application of some other principle.
CATCHWORDS : EQUITY - general principles - unjust enrichment - second plaintiff paid workers compensation settlement to defendant without deducting monies owed to the Commonwealth - Centrelink had issued a Recovery Notice to the second plaintiff requesting the payment of $63,603.12 before the payment to the defendant - the second plaintiff paid this sum to Centrelink after payment to defendant - now seeks restitution - mistake of fact or law made by the second plaintiff's claims officer - miscalculation of sum to be paid to the defendant - no defence to claim - judgment entered for the plaintiffs in the amount of $63,603.12 plus interest accrued up to judgment
Civil Procedure Act 2005 (NSW) s 100 Civil Procedure Rules 2005 (NSW) s 98 LEGISLATION CITED : Evidence Act 1995 (NSW) s 36 Social Security Act 1991 (Cth) Part 3.14 Uniform Civil Procedure Rules 2005 (NSW) Pt 42.2 Workers Compensation Act 1987 (NSW)
CATEGORY : Principal judgment
ANZ Banking Group Limited v Westpac Banking Corp (1988) 164 CLR 662 David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 Commercial Bank of Australia Ltd v Younis [1979] 1 NSWLR 444 CASES CITED : Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221 Perpetual Trustees Australia Ltd v Heparu Pty Ltd (2009) NSWSC 84 Re Groth v Secretary, Department of Social Security (1995) 37 ALD 797 Wallace Smith v Secretary, Department of Family and Community Services [2004] VSC 123
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