Equuscorc Case Study

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Equuscorp Pty Ltd v Haxton; Equuscorp Pty Ltd v Bassat; Equuscorp Pty Ltd v Cunningham's Warehouse Sales Pty Ltd (2012) 246 CLR 498 I. Parties, Court, and Judges There is one appellant and three respondents involved in these proceedings. Equuscorp Pty Ltd (referred to as “Equuscorp”) is the appellant. Ian Haxton, Robert Bassat and Cunningham’s Warehouse Sales Pty Ltd (referred to as “the respondents”) are the respondents. This matter was heard in the High Court of Australia in front of Chief Justice French and Judges Gummow, Heydon, Crennan, Kiefel and Bell. II. Procedural Posture of the Case Equuscorp launched proceedings in the Supreme Court of Victoria against each of the respondents. Equuscorp’s claims were for “loss and damage” for breach of the loan agreements and for money had and received. The trial judge dismissed Equuscorp’s contractual claim in all eight cases and upheld the restitution claim in two cases. The respondents appealed this decision in the Supreme Court of Victoria’s Court of Appeal. In this appeal, the majority held that the trial judge erred and that Equuscorp was not entitled to restitution. Equuscorp appealed against the decision of the Court of Appeal in relation to the three respondents. Its grounds for appeal included that the Court of Appeal erred in deciding: a) that Equuscorp was not entitled to restitution for the unenforceable loan agreements; b) that it was not unjust for the respondents to keep the amounts pursuant to the unenforceable loan agreements; and c) that restitution was not assigned as a right or remedy to recover the amounts under the unenforceable loan agreements. III. Statement of Facts The investments that gave rise to this dispute concerned a blueberry farming enterprise oper... ... middle of paper ... ...ghts to Equuscorp. Gummow and Bell JJ concluded that clause 1 of the Deed signed Rural’s debts and its interests under the loan agreements to Equuscorp. Their Honours observed that the phrase “other remedies for these matters” located in clause 2 assigned a claim in restitution for money had and received . Heydon J agreed with this decision on similar grounds . VII. Comments and Criticisms The decision in Equuscorp is significant, as it has made clear several principles that were once ambiguous under Australian law. It ratifies that restitutionary remedies are unavailable for a claim for money had and received where recovery would reduce coherence in the law. Furthermore, Equuscorp has confirmed that a bare cause of action can be assigned where the assignee has a genuine commercial interest in its enforcement. Contrarily, the decision in Equuscorp has

In this essay, the author

  • Describes the cases of equuscorp pty ltd, haxton, bassat, and cunningham's warehouse sales.
  • Explains that equuscorp is the appellant, while ian haxton, robert bassat, and cunningham’s warehouse sales are the respondents. the matter was heard in the high court of australia.
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