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Recovery of payments made under mistake of law     ​

This reference is part of the Community Law Reform Program

Reference received: 25 June 1985 


​​Report 53: Restitution of Benefits Conferred Under Mistake of Law [PDF, 237Kb], July 1987

Tabled in parliament: 13 October 1987

Judicial citation: David Securities Pty Ltd v Commonwealth Bank of Australia (1990) 23 FCR 1; Inn Leisure Industries Pty Ltd v D F McCloy Pty Ltd (1991) 28 FCR 151 per French J at 169; David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 at 355; Kleinwort Benson Ltd v Lincoln City Council [1998] 3 WLR 1095; Spinoccia Compressor and Air Tools Sales and Service Pty Ltd v Challenger Managed Investments Ltd [2010] NSWSC 1310 [29]; Australian Financial Services and Leasing Pty Limited v Hills Industries Limited [2014] HCA 14 [121]

Terms of reference

To inquire and report on the following matters:

  1. The law relating to the recovery of money paid under a mistake of law, including the law relating to defences to claims for such recovery;
  2. Any incidental matter.