Full Court Minute Books

Case M128/2010

Equuscorp Pty Ltd (formerly Equus Financial Services Ltd) v. Haxton (M128/2010)
Equuscorp Pty Ltd (formerly Equus Financial Services Ltd) v. Bassat (M129/2010)
Equuscorp Pty Ltd (formerly Equus Financial Services Ltd) v. Cunningham’s Warehouse Sales Pty Ltd (M130, M131 & M132/2010)

Case Nos.

M128/2010
M129/2010
M130-132/2010

Case Information

Lower Court Judgment

29/01/2010 Supreme Court of Victoria (Court of Appeal)(Ashley J, Neave J, Dodds-Streeton J)

[2010] VSCA 001

Catchwords

Restitution — Restitution resulting from unenforceable, incomplete, illegal or void contracts — Recovery of money paid or property transferred — Respondents investors in tax driven blueberry farming schemes — Funds for farm management fees lent to investors by Rural Finance Ltd (“Rural”) — Applicant lent money to Rural — Rural subsequently wound up — Loan contracts between respondents and Rural assigned to applicant — Applicant’s enforcement of contractual debts statute-barred — Where parties agreed in court below loan contracts illegal and unenforceable — Whether total failure of consideration — Whether respondents’ retention of loan funds “unjust”.

Restitution — Assignment of rights of restitution — Where Deed of Assignment assigning Rural’s loans to applicant included assignment of “legal right to such debts … and all legal and other remedies” — Whether rights of restitution able to be assigned — Whether rights of restitution assigned in this case.

Short Particulars

Documents

03/09/2010 Hearing (SLA, Melbourne)

22/09/2010 Notice of appeal

01/02/2011 Written submissions & chronology - M128/2010 Haxton (Appellant)

01/02/2011 Written submissions & chronology - M129/2010 Bassat (Appellant)

01/02/2011 Written submissions & chronology - M130/2010 Cunningham's (Appellant)

01/02/2011 Written submissions & chronology - M131/2010 Cunningham's (Appellant)

01/02/2011 Written submissions & chronology - M132/2010 Cunningham's (Appellant)

15/02/2011 Written submissions - M128/2010 Haxton (Respondent)

15/02/2011 Written submissions - M129/2010 Bassat (Respondent)

15/02/2011 Written submissions - M130/2010 Cunningham's (Respondent)

15/02/2011 Written submissions - M131/2010 Cunningham's (Respondent)

15/02/2011 Written submissions - M132/2010 Cunningham's (Respondent)

22/02/2011 Reply - M128/2010

22/02/2011 Reply - M129/2010

22/02/2011 Reply - M130/2010

22/02/2011 Reply - M131/2010

22/02/2011 Reply - M132/2010

09/03/2011 Hearing (Full Court, Canberra)

10/03/2011 Hearing (Full Court, Canberra)

08/03/2012 Judgment  (Judgment summary)