6 Jan 2010
YUKIO TAKAHASHI AND ANOTHER v. CHENG ZHEN SHU AND OTHERS
- Citation
- YUKIO TAKAHASHI AND ANOTHER v. CHENG ZHEN SHU AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV316/2008
The Court allowed the 3rd defendant's appeal: where payments were made as part of a chain of contractual dealings and the recipient received the money pursuant to contractual rights (and subsequent contractual arrangements such as a repurchase), restitution against the recipient is excluded because to permit it would upset the contractual allocation of risks and the recipient had good consideration/was not unjustly enriched.