Equuscorp Pty Ltd (formerly Equus Financial Services Ltd) v. Haxton (M128/2010)
Equuscorp Pty Ltd (formerly Equus Financial Services Ltd) v. Bassat (M129/2010)
Equuscorp Pty Ltd (formerly Equus Financial Services Ltd) v. Cunningham’s Warehouse Sales Pty Ltd (M130, M131 & M132/2010)
Case Nos.
M128/2010
M129/2010
M130-132/2010
Case Information
Lower Court Judgment
29/01/2010 Supreme Court of Victoria (Court of Appeal)(Ashley J, Neave J, Dodds-Streeton J)
Catchwords
Restitution — Restitution resulting from unenforceable, incomplete, illegal or void contracts — Recovery of money paid or property transferred — Respondents investors in tax driven blueberry farming schemes — Funds for farm management fees lent to investors by Rural Finance Ltd (“Rural”) — Applicant lent money to Rural — Rural subsequently wound up — Loan contracts between respondents and Rural assigned to applicant — Applicant’s enforcement of contractual debts statute-barred — Where parties agreed in court below loan contracts illegal and unenforceable — Whether total failure of consideration — Whether respondents’ retention of loan funds “unjust”.
Restitution — Assignment of rights of restitution — Where Deed of Assignment assigning Rural’s loans to applicant included assignment of “legal right to such debts … and all legal and other remedies” — Whether rights of restitution able to be assigned — Whether rights of restitution assigned in this case.
Documents
03/09/2010 Hearing (SLA, Melbourne)
22/09/2010 Notice of appeal
01/02/2011 Written submissions & chronology - M128/2010 Haxton (Appellant)
01/02/2011 Written submissions & chronology - M129/2010 Bassat (Appellant)
01/02/2011 Written submissions & chronology - M130/2010 Cunningham's (Appellant)
01/02/2011 Written submissions & chronology - M131/2010 Cunningham's (Appellant)
01/02/2011 Written submissions & chronology - M132/2010 Cunningham's (Appellant)
15/02/2011 Written submissions - M128/2010 Haxton (Respondent)
15/02/2011 Written submissions - M129/2010 Bassat (Respondent)
15/02/2011 Written submissions - M130/2010 Cunningham's (Respondent)
15/02/2011 Written submissions - M131/2010 Cunningham's (Respondent)
15/02/2011 Written submissions - M132/2010 Cunningham's (Respondent)
22/02/2011 Reply - M128/2010
22/02/2011 Reply - M129/2010
22/02/2011 Reply - M130/2010
22/02/2011 Reply - M131/2010
22/02/2011 Reply - M132/2010
09/03/2011 Hearing (Full Court, Canberra)
10/03/2011 Hearing (Full Court, Canberra)
08/03/2012 Judgment (Judgment summary)