The Law Reports (Appeal Cases)
[1996] AC 788
[PRIVY COUNCIL]
MURRAY STANLEY GOSS and Another Appellants and LAURENCE GEORGE CHILCOTT Respondent
[appeal from the court of appeal of new zealand]
1996 Feb. 27,
28;
May 23
May 23
Lord Goff of Chieveley, Lord Jauncey of Tullichettle, Lord Steyn, Lord Hoffmann and Lord Cooke of Thorndon
Restitution
— Quasi-contract
— Moneys had and received
— Company lending money to defendants on security of mortgage
— Mortgage instrument avoided by alteration
— Defendants making interest payments but failing to repay capital advance
— Whether total failure of consideration
— Whether advance recoverable