Nagamuthu v Shanmugarajah [2019] NSWCA 288 (28 November 2019) (Bell ACJ at [1]; Meagher JA at [70]; Barrett AJA at [71])


Catchwords:


APPEAL – corroborative evidence – whether evidence relied upon by primary judge corroborated evidence of the plaintiff which primary judge was not prepared to accept absent corroboration – meaning of corroborative evidence – corroboration by circumstantial evidence

UNJUST ENRICHMENT – monies admitted to be owing arising from participation in a “seetu” – admission that at least $100,000 owing – organiser of seetu refusing to pay – claim for monies had and received – restitution properly ordered