Abstract

Unjust enrichment alone will not support a cllaim for equitable contribution

Article

Equity may permit subrogation in new circumstances outside recognised categories of subrogation. It is an equitable remedy, as to which there is no all‑embracing theory as to when it will be permitted. The equity is generated by the parties’ conduct. It is governed by well‑settled principles and in defined circumstances when it is unconscionable for a party to deny the other party’s right. Unjust enrichment alone is not within them: Bofinger v Kingsway Group Ltd (2009) 239 CLR 269 [94]; Mann v Patterson Constructions Pty Ltd [2019] HCA 32 [212] ‑ [213]. This is contrary to the law of th United Kingdom, New Zealand and the United States: McMurray -v- AIG Insurance Australia Ltd [No 3] [2019] WASC 452, thooogh the English courts appear to be modifying that view.