Prasad v Sangha

In *Prasad v Sangha*, the appellant sought to recover moneys paid to the respondent, alleging the payments were made under a mistake of fact or for a total failure of consideration. The appellant contended the moneys were paid pursuant to an agreement for the respondent to transfer an interest in a restaurant business, an agreement and the agency through which it was allegedly made being denied by the respondent. The respondent had used the moneys to discharge liabilities. The case was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the appellant had established a claim for restitution based on either a mistake of fact or a total failure of consideration, and whether, in the circumstances, it would be unjust for the respondent to retain the payment. This involved determining the existence and terms of any alleged agreement, and the validity of the agency claimed by the appellant.

The Court of Appeal, comprising Meagher JA, Bergin CJ in Eq, and Sackville AJA, dismissed the appeal. The reasoning of the Court, though not detailed in the provided text, ultimately concluded that the appellant had not succeeded in establishing the necessary elements for a claim in restitution. The Court ordered the appellant to pay the respondent's costs of the appeal.