Trustees of Stevedoring Employees' Retirement Fund v Koranakis

The Trustees of the Stevedoring Employees' Retirement Fund (the Trustees) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the Trustees' entitlement to recover from Mr Koranakis certain payments made from the retirement fund. The Supreme Court had found in favour of Mr Koranakis, holding that the Trustees were not entitled to recover the payments.

The central legal issue before the Court of Appeal was whether the payments made by the Trustees to Mr Koranakis were recoverable. This involved determining whether the payments were made under a mistake of fact or law, and if so, whether the Trustees were entitled to restitution of those moneys. A further issue was whether Mr Koranakis had a defence to the claim for restitution, such as having acted to his detriment in reliance on the payments.

The Court of Appeal considered the nature of the payments and the circumstances under which they were made. It applied principles of restitution and unjust enrichment, examining whether Mr Koranakis had received a benefit at the expense of the Trustees which it would be unconscionable for him to retain. The Court analysed the evidence regarding the knowledge of the parties at the time of the payments and whether any change of position defence was available.

The Court of Appeal dismissed the appeal, upholding the decision of the Supreme Court. It found that the payments were not recoverable by the Trustees.