Nagamuthu v Shanmugarajah [2019] NSWCA 288

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nagamuthu v Shanmugarajah [2019] NSWCA 288 Hearing dates: 6 November 2019 Date of orders: 28 November 2019 Decision date: 28 November 2019 Before: Bell ACJ at [1]; Meagher JA at [70]; Barrett AJA at [71] Decision: Appeal dismissed with costs Catchwords: APPEAL – corroborative evidence – whether evidence relied upon by primary judge corroborated evidence of the plaintiff which primary judge was not prepared to accept absent corroboration – meaning of corroborative evidence – corroboration by circumstantial evidence

UNJUST ENRICHMENT – monies admitted to be owing arising from participation in a "seetu" – admission that at least $100,000 owing – organiser of seetu refusing to pay – claim for monies had and received – restitution properly ordered Legislation Cited: Unlawful Gambling Act 1998 (NSW) Cases Cited: Doney v R (1990) 171 CLR 207; [1990] HCA 51 DPP v Kilbourne [1973] AC 729 Nelson v Nelson (1995) 184 CLR 538; [1995] HCA 25 Peacock v R (1911) 13 CLR 619; [1911] HCA 66 Roxborough v Rothmans of Pall Mall Australia Limited (2001) 208 CLR 516; [2001] HCA 68 Texts Cited: J D Heydon, Cross on Evidence (10th ed, 2015, LexisNexis Australia) J Edelman and E Bant, Unjust Enrichment (2nd ed, 2016, Hart Publishing) Category: Principal judgment Parties: Nagendran Nagamuthu (Appellant) Charles Rajaratnam Shanmugarajah (Respondent) Representation: Counsel: P Doyle Gray with J Cook (Appellant) A Kaufmann (Respondent)