Re Magarey Farlam Lawyers Trust Accounts (No 3)

• 1. Restitution
  2. › Recovery of money paid under mistake
  3. › Voluntary payment
  4. › Payment in point of honour and conscience
  5. › Whether voluntary payment recoverable
  6. › Whether payment made under mistake or misprediction
• 1. Restitution
  2. › Recovery of money paid under mistake
  3. › Assumption of risk by payer
  4. › Whether payer waived inquiry into facts
  5. › Kelly v Solari principle
  6. › Whether payer took chance that view of facts may be mistaken
• 1. Restitution
  2. › Recovery of money paid under mistake
  3. › Payment to forestall honest claim
  4. › Whether payment analogous to payment in response to honest claim
• 1. Restitution
  2. › Unjust enrichment
  3. › Defences
  4. › Whether enrichment unjust
  5. › Burden of proof on payee
  6. › Whether payee entitled to receive or retain payment

Quick Take