Heckenberg v Delaforce

Heckenberg v Delaforce concerned a dispute between the parties arising from a contract. The Court of Appeal of New South Wales heard the matter.

The central legal issues before the court were whether there had been a part performance or a total failure of consideration under the contract, and the availability of restitutionary remedies in such circumstances. The court was required to determine whether the benefit received by one party was the benefit they had bargained for under the contract, or merely an incidental benefit arising from the performance of contractual obligations.

The court reasoned that restitution is only available where there has been a total failure of consideration. In this instance, the benefit that had been received was not the benefit that had been bargained for under the contract, but rather an incidental benefit that arose from the performance of contractual obligations. Accordingly, the court found that there was not a total failure of consideration.

The appeal was dismissed with costs.