In a conventional action for money paid at the request of the defendant, there is no independent requirement that the defendant receive a personal benefit, but the identity of the beneficiary is relevant to whether the request was made by the defendant in a personal capacity or as agent. Where a director requests a third party to pay money to the company, the request is made in the director's capacity as agent of the company and cannot give rise to a personal restitutionary obligation. The existence of a creditor/debtor relationship does not preclude a finding of intent to defraud creditors under s 86 of the Law of Property Act 1936 (SA).
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