RESTITUTION - whether Defendant developer was unjustly enriched - "free acceptance" - where Plaintiff's services were neither volunteered nor provided "officiously" - whether Defendants, as reasonable persons, would have realised that the Plaintiff expected to be paid - Referee's conclusion supported by chain of correspondence
CONTRACT - Responsibility for payment to third party power supplier - Plaintiff's obligations under Design and Construction Contract-where Defendant purported to make payment on behalf of Plaintiff - whether Defendant was entitled to deduct that amount from its total payment to Plaintiff - PROCEDURAL FAIRNESS - whether unjust to now allow Defendants to raise claim - where matter already addressed by Plaintiff before Referee and ruled upon in Defendant's favour - mathematical oversight of Referee
Acts Cited:
Case Details
Citation[2003] NSWSC 411
CourtNSWSC
JurisdictionNew South Wales
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