In Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd, the High Court has unanimously dismissed the appeal of a finance company that had made payments by mistake and sought to recover them.
The court held that the recipients had changed their position to such an extent that any repayment would be inequitable. An interesting factual matrix provided the platform for a comprehensive analysis of the change of position defence, its application and exactly what the basis of restitutionary relief is in Australia.
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