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Singh v Khan (No 2) [2021] FCA 463

RESTITUTION – claim for money had and received on mistake of law – whether applicant must plead loss or liability to third party – whether that the money recovered would be held by the applicant on constructive trust in favour of a third party can be raised as a defence to a common law claim for money had and received.

EQUITY – constructive trust – whether equity imposes constructive trust on the party receiving an overpayment on mistake of law – unconscionability lacking.

TAXATION – withholding tax for supplier’s failure to quote a valid ABN – circularity of payment or accounting obligations.

PRACTICE AND PROCEDURE – application to strike out statement of claim on various grounds – whether reasonable causes of action – whether leave to replead a second time should be given – self-represented litigant.

Full decision here


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