Electric Life Pty Ltd v Unison Finance Group Pty Ltd [2015] NSWCA 394

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Electric Life Pty Ltd v Unison Finance Group Pty Ltd [2015] NSWCA 394 Hearing dates: 10 November 2015 Date of orders: 09 December 2015 Decision date: 16 April 2015 Before: Gleeson JA at [1]; Tobias AJA at [4]; Emmett AJA at [7] Decision: 1 Leave be granted to appeal from the decision of Adams J on 10 March 2015.

2 The appeal be dismissed.

3 The appellant pay the respondent's costs of the application for leave and of the appeal. Catchwords: CONTRACT – construction – rental agreement – whether a renewal clause provided for one renewal period or unlimited renewal periods

RESTITUTION – mistake – whether rental payments were made by reason of a mistake of fact or law – whether the recipient was unjustly enriched – whether there was evidence of a relevant mistake Legislation Cited: Local Court Act 2007 (NSW), ss 39, 40 Supreme Court Act 1970 (NSW), s 101(2)(r) Cases Cited: David Securities Pty Ltd v Commonwealth Bank of Australia [1992] HCA 48; 175 CLR 353 North v Marina [2003] NSWSC 64 Roxborough v Rothmans of Pall Mall Australia Ltd [1999] FCA 107; 161 ALR 253 Texts Cited: Digest of Justinian (trans. Alan Watson) (University of Pennsylvania Press, 1985) PGW Glare (ed), Oxford Latin Dictionary (Oxford University Press, 1982) Category: Principal judgment Parties: Electric Life Pty Ltd (Appellant) Unison Finance Group Pty Ltd (Respondent) Representation: Counsel: Ms B Oliak (Applicant) Ms E Beechey (Respondent)