Russell Gould Pty Ltd v Ramangkura [2014] NSWCA 310

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Russell Gould Pty Ltd v Ramangkura [2014] NSWCA 310 Hearing dates: 18 July 2014 Decision date: 09 September 2014 Before: Bathurst CJ at [1]; Barrett JA at [2]; Ward JA at [84] Decision: Appeal dismissed with costs [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: RESTITUTION - remedies at common law - action for money had and received - payment of company's money by a director alleged to have no authority to cause the payment to be made - no allegation of breach of fiduciary or other duty or dishonesty by the director - recovery action brought by the company against the third party recipient alone - no basis for equitable relief - whether proceeds of payment by the company identifiable in the third party recipient's hands - where the money was transferred from the company's bank account to the third party recipient's overdrawn account at the same bank - no credit balance resulting in the recipient's account - no ability to follow or trace into the overdrawn account - where the director was owed money by the company payable on demand - whether the director should be presumed to have sought and obtained payment of that money when he caused the company to make the payment Cases Cited: Agip (Africa) Ltd v Jackson [1990] Ch 265 Boscawea v Bajwa [1996] 1 WLR 328 Calverley v Green [1984] HCA 81; 155 CLR 242 David Securities Pty Ltd v Commonwealth Bank of Australia [1992] HCA 48; 175 CLR 353 Foskett v McKeown [2001] 1 AC 102 Frith v Cartland (1865) 2 H&M 417; 71 ER 525 Heperu Pty Ltd v Belle [2009] NSWCA 252; 76 NSWLR 230 Lipkin Gorman v Karpnale Ltd [1991] 2 AC 548 Moses v Macferlan (1760) 2 Burr 1005; 97 ER 676 Parker v The Queen [1997] HCA 15; 186 CLR 494 Rae v Russell [2012] NZCA 536 Re Hallett's Estate; Knatchbull v Hallett (1880) 13 Ch D 696 The Australian Metropolitan Life Assurance Co Ltd v Ure [1923] HCA 29; 33 CLR 199 Category: Principal judgment Parties: Russell Gould Pty Ltd (Appellant) Vilailaksana Ramangkura (First Respondent) Russell Gould by his Tutor NSW Trustee and Guardian (Second Respondent) (Submitting appearance filed) Representation: Counsel: R E Dubler SC/J Hyde Page (Appellant) L J Ellison SC/P P O'Loughlin - 1R Solicitors: Swaab Attorneys (Appellant) Coyne Legal (First Respondent) NSW Trustee and Guardian (Second Respondent) File Number(s): CA 2013/276695 Decision under appeal Citation: [2013] NSWSC 1114 Date of Decision: 2013-08-16 00:00:00 Before: Lindsay J File Number(s): 2011/280083