Hutton v. Charoochat

Hutton v. Charoochat

Adjudicator found the Claimant incurred modest, good faith expenses that benefited the Defendant, the Defendant sold the vehicle for $7,500, and absent reimbursement she would be unjustly enriched; therefore the Defendant must reimburse the Claimant for the proven expenses and costs totaling $544.70.

Source-derived case information.

Citation
2020 NSSM 3
Parties
Claimant: Charles Joseph Hutton; Defendant: Jirapa Charoochat
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
6 January 2020
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed; Defendant ordered to pay $544.70 to the Claimant.
Legal Topics
Restitution, Recovery of Expenses, Authority to Incur Expenses, Sale of Vehicle
Source Language
english
Unjust Enrichment Contract Civil Procedure Property (sale of Goods) Restitution Recovery of Expenses Authority to Incur Expenses Sale of Vehicle

Source-derived case record

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Parties

Charles Joseph Hutton

Claimant

Jirapa Charoochat

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the Claimant is entitled to reimbursement for expenses incurred in repairing and cleaning the vehicle
  2. 2 Whether the Claimant had authority to incur the expenses
  3. 3 Whether the Defendant would be unjustly enriched if not required to reimburse the Claimant

Ratio Decidendi

Adjudicator found the Claimant incurred modest, good faith expenses that benefited the Defendant, the Defendant sold the vehicle for $7,500, and absent reimbursement she would be unjustly enriched; therefore the Defendant must reimburse the Claimant for the proven expenses and costs totaling $544.70.

Court Disposition

Claim allowed; Defendant ordered to pay $544.70 to the Claimant.

Orders

  • Defendant to pay Claimant debt of $350.00 for repairs and cleaning
  • Defendant to pay Claimant costs of $194.70 (serving and issuing claim)