Miraki v Griffith

• 1. Restitution
  2. › Unjust enrichment
  3. › Total failure of consideration
  4. › Prepayment for goods never delivered
  5. › Whether defendant enriched
  6. › Whether payment received as mere conduit or intermediary
  7. › Whether person who directed payment to third party's account received benefit
• 1. Restitution
  2. › Unjust enrichment
  3. › Enrichment element
  4. › Benefit assessed as matter of substance not form
  5. › Mere conduit defence
  6. › Payment over defence
  7. › Whether account holder who did not control account received benefit of payment into it
• 1. Restitution
  2. › Unjust enrichment
  3. › At the expense of the plaintiff
  4. › Whether plaintiff who directed payments from company account was proper plaintiff
  5. › Whether source of payment matters
• 1. Practice and Procedure
  2. › Conduct of trial
  3. › Narrowing of pleaded case by opening submissions
  4. › Whether primary judge erred in not permitting plaintiff to run pleaded case concerning fourth payment

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