Prasad v Sangha

[2012] NSWCA 92

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Prasad v Sangha [2012] NSWCA 92

Hearing dates:

5 April 2012

Decision date:

19 April 2012

Before:

Meagher JA at [1]
Bergin CJ in Eq at [20]
Sackville AJA at [21]

Decision:

(1) Appeal dismissed.

(2) Order the appellant to pay the respondent's costs of the appeal.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

RESTITUTION - appellant paid moneys to respondent - claim to recover as paid under a mistake of fact or for total failure of consideration-alleged paid under an agreement for transfer by respondent of an interest in a restaurant business - agreement alleged to have been made by agent - agency and agreement denied - respondent used moneys to discharge liabilities - whether unjust for respondent to retain payment

Cases Cited:

Attorney-General for Ceylon v Silva [1953] AC 461 at 479
Australia & New Zealand Banking Group Ltd v Westpac Banking Corporation [1988] HCA 17; (1988) 164 CLR 662
David Securities Pty Ltd v Commonwealth Bank of Australia [1992] HCA 48; (1992) 175 CLR 353
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Lipkin Gorman v Karpnale Ltd [1988] UKHL 12; [1991] 2 AC 548
Pacific Carriers Ltd v BNP Paribas [2004] HCA 35; (2004) 218 CLR 451
Roxborough v Rothmans of Pall Mall Australia Ltd [2001] HCA 68; (2001) 208 CLR 516

Category:

Principal judgment

Parties:

Ambrika Prasad (Appellant)
Selvey Sangha (Respondent)

Representation:

Counsel:
A R R Vincent (Appellant)
S J Harben SC (Respondent)
Solicitors:
Smythe Wozniak Legal, St Marys (Appellant)
Mason Lawyers, Newcastle (Respondent)

File Number(s):

CA 2009/332345

 Decision under appeal 

Citation:

Prasad v Sangha

Date of Decision:

2011-03-31 00:00:00

Before:

Delaney DCJ

File Number(s):

DC 80 of 2009

Judgment

1. MEAGHER JA: On 8 September 2006 the appellant transferred $150,000 into a bank account of the respondent. That money was paid at the request of a Mr Goodarzi with whom the appellant had been negotiating for the purchase of an interest in a restaurant business known as Bar-Chello in Darby Street, Cooks Hill. The appellant never received an interest in that restaurant business and sought to recover the $150,000 from the respondent in proceedings in the District Court.

1. The appellant did so on two bases. The first was for total failure of consideration. He alleged that the respondent, by her agent Mr Goodarzi, had agreed to sell an interest in the restaurant business to the appellant for $150,000. Any such contract was never performed and on that basis it was said that there had been a total failure of consideration entitling the appellant to…