NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Gideon Isaac Rathner v AAPC Management Limited [2019] NSWSC 125 Hearing dates: 14 February 2019 Decision date: 22 February 2019 Jurisdiction: Equity - Commercial List Before: Ball J Decision: See paragraphs [46] to [48] of this judgment Catchwords: ESTOPPEL – Estoppel by convention – Mutual assumption – Detriment – whether established as defence to claim for breach of contract RESTITUTION – Mistake – whether payments made – whether evidence of mistake RESTITUTION – Nature of restitutionary liability –unjust enrichment – whether misrepresentation as basis for claim for money had and received Legislation Cited: Australian Consumer Law Cases Cited: Miller Heiman Pty Ltd v Sales Principles Pty Ltd [2017] NSWCA 106 Moratic Pty Ltd v Lawrence James Gordon & Anor [2007] NSWSC 5 Ryledar Pty Ltd & Anor v Euphoric Pty Ltd [2007] NSWCA 65 Category: Principal judgment Parties: Gideon Isaac Rathner (in his capacity as Liquidator of Eye Plantain Pty Limited (In Liquidation) (ACN 118 075 237) (Plaintiff) AAPC Management Limited (ACN 086 453 205) (First Defendant) APVC Holdings Pty Ltd (ACN 092 447 955) (Second Defendant) Representation: Counsel: K Knights (Plaintiff) M Jareith (Defendants)
Solicitors: Goldsmiths Lawyers (Plaintiff) Webb Henderson (Defendants) File Number(s): 2017/228651 Publication restriction: None
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