This year’s analysis (spanning September 2022 to September 2023) references only two High Court cases, but there is a third, potentially hugely important one, currently waiting in the wings. The first, Bosanac (§4), is ironically not a case of unjust enrichment at all on current thinking, relating as it does to the presumed purchase monies resulting trust. Both UK and Australian Courts currently understand such trusts to be the product of party intentions, not the failure thereof. We include it partly because some writers (Birks, Chambers) have historically regarded such trusts as falling within the unjust enrichment rubric, and partly because the joint judgment of Gordon and Edelman JJ references other types of resulting trust that may less controversially do so. The decision is also clearly important in its own right, engaging as it does in a root-and-branch overhaul of the respective ‘presumptions’ of resulting trust and advancement …
Barker, Kit and Kretowicz, Anna, Unjust Enrichment In Australia 2022-2023 (February 1, 2024), 2024 Lloyds Maritime and Commercial Law Quarterly.
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