Unjust Enrichment in Australia 2023-2025

Kit Barker and Anna Kretowicz
[2026] Lloyds Maritime and Commercial Law Quarterly 117

Kit Barker and Anna Kretowicz, ‘Unjust Enrichment in Australia 2023-2025’ [2026] Lloyds Maritime and Commercial Law Quarterly 117

Abstract

A critical summary and review of key (mostly appellate) caselaw developments in Australian unjust enrichment law between Sept 2023 and Sept 2025.  Includes coverage of the important High Court decision in Redland City Council v Kozik [2024] HCA 7 (restitution of special rates charges from the executive - no defence of good consideration) and that of the decision of the Western Australia Court of Appeal in Gray v Lavan (a firm) [2024] WASCA 147 (compound interest - liability for the use value of money).  The latter decision has subsequently been affirmed by the High Court  [2025] HCA 42 without formally deciding the key issues decided in cases like Sempra Metals and Prudential Assurance in the  UK). The High Court's reasoning will be critically reported fully next year.