9 Aug 2007
CRUICKSHANK V DISPUTES TRIBUNAL AND ANOR HC AK CIV 2006-404-3966
- Citation
- openlaw-f269d23b_4499_48f4_a7a4_e37cac32a9c7.pdf
- Court
- High Court
The application for judicial review was dismissed because (1) the Disputes Tribunal properly had jurisdiction to determine a restitution/unjust enrichment claim; (2) Alandra, as a separate body corporate, suffered loss by overpayment and could sue for restitution; (3) the limitation period was postponed until discovery of the mistake under s28 Limitation Act so the claim was not time‑barred; and (4) judicial review was inappropriate given the statutory appeal route and proportionality—therefore the Tribunal's decision was upheld.