The Court of Appeal held that, although an agreement pursuant to which R bet as A's agent using A's money was void under the Gambling Laws, if R misappropriated A's money for his own purposes, A was entitled to recover
it under the ordinary principles of restitution.
Not exact matches
Under the old regime, the court has been empowered to reopen a consumer credit agreement — despite the amount of credit provided — where the required payments were grossly exorbitant or otherwise contravened the
ordinary principles of fair dealing.
Against this statutory language, Lord Neuberger considered it to be clear that a lessee
under a lease which includes the flat and other premises is a qualifying tenant, «according to the
ordinary principles of interpretation», unless there is any clear indication to the contrary.
On analysis, the Court found that the words of section 18, interpreted in their grammatical and
ordinary sense, did not establish an absolute limitation period, nor did they displace the discoverability
principles under sections 4 and 5.
The Racial Discrimination Act (RDA) is the
principle piece of domestic legislation that implements Australia's obligations
under CERD... the RDA is an
ordinary enactment of the Commonwealth Parliament.