Mason & Carter’s Restitution Law in Australia, 5th edition (AU only)
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Recognised as the ‘standard Australian work’ (Benson v Rational Entertainment Enterprises Ltd [2018] NSWCA 111 at [120]) and the ‘leading authority’ (David Campbell, ‘Bringing Down the Ceiling’ (2023) 1 CCLR 22), the 4th edition was described by Professor John McCamus as the ‘classic Australian treatise’ and ‘an excellent piece of legal scholarship’ (‘Review Essay: Two Views of Australian Restitution Law’ (2023) 67 CBLJ 256).
In this new edition the authors revisit and adjust earlier work, update and restate ‘the law’ in light of recent case law and statute law. Features of the new edition include:
- analysis of Redland City Council v Kozic [2024] HCA 7 (which incidentally opens with a quotation from the Preface to the second edition of Mason & Carter) and consequent rewriting of much of Part VIII, especially Chapter 25 (Consideration and Bona Fide Purchase)
- detailed discussion of the impact of dicta in Redland City Council on unjust enrichment analysis, including rejection of a defence labelled ‘recipient not unjustly enriched’ that is discussed in §62 of the Restatement of the Law Third, Restitution and Unjust Enrichment, 2010
- consideration of decisions in other jurisdictions, including:
- the resounding rejection in Barton v Morris [2023] UKSC 3 of the contention that restitution should be awarded for a partially performed but effective contract
- Attorney General of Trinidad and Tobago v Trinsalvage Enterprises Ltd [2023] UKPC 26, awarding a quantum meruit for services rendered under an ultra vires contract
- hundreds of new case references
- a full review of statutes
- account of important additions to the literature on restitution.
The Authors
The Hon Keith Mason, BA, LLB (Syd), LLM (London), AC, KC; sometime President, New South Wales Court of Appeal
J W Carter, BA, LLB (Syd), Ph D (Cantab), FAAL; Emeritus Professor of Law, University of Sydney; General Editor, Contract and Commercial Law Review; Consultant, Herbert Smith Freehills
G J Tolhurst, DipLaw SAB, LLM (Syd), Ph D (NSW); Professor of Commercial Law, University of Sydney
Contents
Prefaces
Table of Cases
Table of Statutes
Abbreviations
PART I INTRODUCTION
Chapter 1 Restitution, Quasi‑contract and Unjust Enrichment
Chapter 2 Classifying Claims and Remedies in Restitution
PART II CLAIMS BASED ON WANT OF TITLE
Chapter 3 Want of Title: Misdirected Funds and Tracing
PART III MISTAKE
Chapter 4 Mistake
PART IV CLAIMS BASED ON LEGAL OR MORAL COMPULSION
Chapter 5 Improper Pressure
Chapter 6 Bearing Others’ Burdens: Contribution, Recoupment and Subrogation
Chapter 7 Judgments Reversed or Set Aside
Chapter 8 Necessitous Intervention: Restitution for Unsolicited Services or Payments
PART V CLAIMS ARISING OUT OF INEFFECTIVE CONTRACTS
Chapter 9 Introduction to Ineffective Contracts
Chapter 10 Inherently Ineffective Contracts
Chapter 11 Contracts Discharged for Breach or Repudiation
Chapter 12 Contracts Discharged Without Breach
Chapter 13 Contracts Rescinded or Set Aside
Chapter 14 Valuation and Adjustment
PART VI CLAIMS BASED ON WRONG COMMITTED
Chapter 15 Introduction to Wrongs
Chapter 16 Tort
Chapter 17 Breach of Fiduciary Duty, Breach of Confidence and Infringement of Intellectual Property Rights
Chapter 18 Breach of Contract
Chapter 19 Wrongful Killing: The Forfeiture Rule
PART VII SPECIAL CLAIMS INVOLVING THE EXECUTIVE
Chapter 20 Restitution against the Revenue
Chapter 21 Restitution of Ultra Vires Disbursements from the Revenue
PART VIII DEFENCES
Chapter 22 Introduction to Defences
Chapter 23 Election
Chapter 24 Change of Position
Chapter 25 Consideration and Bona Fide Purchase
Chapter 26 Illegality
Chapter 27 Delay
PART IX INTEREST AND PLEADING RESTITUTIONARY CLAIMS AND DEFENCES
Chapter 28 Interest
Chapter 29 Pleading Restitutionary Claims and Defences
Bibliography
Index