Chong v Chanell

[2009] NSWSC 765

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Restitution
2. › moneys had and received
3. › tracing
4. › whether in personam remedy available against second defendant
5. › defence of change of position
6. › where second defendant gambled away moneys advanced to him
7. › Held: change of position established
8. › not established that second defendant did not act in good faith - restitutionary remedy not available.
1. COSTS: Departing from general rule
2. › Bullock order
3. › where effect would be to create asset and corresponding liability of husband and wife who are engaged in family property adjustment proceedings.