Restitutionary claims have been encountered in John's practice on numerous occasions. Some of those encounters were in the context of commercially significant cases. Illustrations include the following.

This dispute involved claims for restitution in circumstances relating to numerous agreements facilitating the mining of iron ore in the vicinity of Cape Preston in Western Australia. Questions of interpretation of various agreements including deeds of release arose.

These proceedings involved claims for declarations and damages as well as specific performance of various agreements which facilitated parties to mine iron ore. Claims were made that there was a failure by the defendants to pay royalties in accordance with the relevant agreements. In addition, claims have been made for restitution and rectification. The matter also involved a number of interlocutory applications. Further details of this matter are set out on this website under the following Practice Areas, Contract Law; Equity and Trusts – Declaratory relief; Equity and Trusts – Specific Performance; and, Practice and Procedure.

Cases

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