ABSTRACT
A critical summary and review of key (mostly appellate) caselaw developments in Australian unjust enrichment law between September 2023 and September 2025. Includes coverage of the High Court decision in Redland City Council v Kozik [2024] HCA 7 (restitution from the executive; defence of good consideration) and that of the decision of the Western Australia Court of Appeal in Gray v Lavan (a firm) [2024] WASCA 147 (compound interest – liability for the use value of money). The latter decision has subsequently been affirmed by the High Court [2025] HCA 42 without formally deciding the key issues decided in cases like Sempra Metals and Prudential Assurance in the UK). The High Court’s reasoning will be reported fully next year.
Barker, Kit and Kretowicz, Anna, Unjust Enrichment in Australia 2023-2025 (September 30, 2025), [2026] Lloyd’s Maritime and Commercial Law Quarterly 117.
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